In the state of Mississippi can wages be garnished for unpaid medical bills?
In the state of Mississippi, wages can be garnished for unpaid medical bills, but there are several factors and limitations to consider:
1. Judgment: Before wages can be garnished, the creditor (typically the medical provider or collection agency) must obtain a judgment against the debtor (the person owing the medical debt) in court. This usually involves filing a lawsuit and going through the legal process to obtain a court order requiring the debtor to pay the debt.
2. Exemptions: Mississippi has certain exemptions that protect a portion of an individual's wages from garnishment. This includes a federal exemption that protects a portion of earnings for the head of a household or a primary earner. Additionally, Mississippi has its own state exemptions, such as an exemption for a certain amount of earnings necessary for support.
3. Garnishment Limits: Mississippi law limits the amount of wages that can be garnished. Generally, the maximum amount that can be garnished is:
* For non-support related debts, such as medical bills, up to 25% of disposable earnings (earnings after mandatory deductions like taxes and social security).
* For support-related debts (e.g., child support or alimony), up to 50% of disposable earnings.
4. Due Process: Before wages can be garnished, the debtor must be given proper notice and an opportunity to contest the garnishment. This includes receiving a notice of the intent to garnish wages and the ability to file an objection with the court.
It's important to note that garnishment laws can be complex and may vary depending on specific circumstances. If you are facing wage garnishment for unpaid medical bills, it's advisable to consult with an attorney or seek legal advice to understand your rights and options.
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