Any garnishee who answers admitting an indebtedness, or the possession of property due or belonging to the defendant, may show by his answer that he is advised and believes that the defendant does or will claim the debt or property, or some part thereof, as exempt from garnishment, levy, or sale. Upon the filing of such answer, the clerk or justice of the peace shall issue a summons or make publication, if defendant be shown by oath to be absent from the state, for the defendant, notifying him of the garnishment and the answer, and requiring him to assert his right to the exemption. Proceedings against the garnishee shall be stayed until the question of the debtor's right to the exemption be determined. If the defendant fail to appear, judgment by default may be taken against him, adjudging that he is not entitled to the property or debt as exempt; but if he appear, the court shall, on his motion, cause an issue to be made up and tried between him and the plaintiff.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-35-1. When issued on judgment or decree
§ 11-35-3. When issued on suing out attachment
§ 11-35-5. Form for writ of garnishment on judgment or decree
§ 11-35-7. Form of the writ of garnishment-when issued by the sheriff
§ 11-35-11. Service of writs of garnishment on government employees
§ 11-35-15. Garnishment against state public officer or employee; fee for service of writ
§ 11-35-19. Garnishment against public officer or employee; failure to answer writ; penalty
§ 11-35-21. Garnishment against public officer or employee; effect of writ
§ 11-35-27. Garnishee's answer; time
§ 11-35-29. Judgment on answer
§ 11-35-31. Garnishee's failure to answer
§ 11-35-33. Garnishee may claim exemptions
§ 11-35-35. Stay if debt not yet due; delivery of goods or chattels to sheriff
§ 11-35-37. Garnishee protected in certain cases
§ 11-35-39. Garnishee may plead that judgment is void
§ 11-35-41. Garnishee may compel interpleader
§ 11-35-43. Claim of third person tried
§ 11-35-45. Contest of garnishee's answer by plaintiff
§ 11-35-47. Contest of garnishee's answer by defendant
§ 11-35-49. Transfer to other county; change of venue
§ 11-35-51. Judgment on issue against garnishee
§ 11-35-53. Valuation and discharge of judgment
§ 11-35-55. No final judgment in certain cases
§ 11-35-57. Executors and administrators may be garnished