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Wage Garnishment in South Carolina

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A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how South Carolina regulates wage garnishments.

Written by Upsolve Team .  Updated July 26, 2023

Wage garnishment is a collection tool creditors use to collect debts. It’s mostly governed by state law. The laws in the Palmetto State severely limit which creditors can use wage garnishment to collect South Carolina residents’ debt.

South Carolina state law prohibits creditors from garnishing your wages to collect past-due consumer debts like credit card debt or medical bills. Wage garnishment is only allowed when you owe money to the state or federal government or you owe money for child or spousal support. It’s also allowed if there's a valid garnishment order from another state that was issued when you resided there but later moved to South Carolina. This article will take a closer look at the wage garnishment process in South Carolina.

What Is Wage Garnishment?

Wage garnishment is a collection tool creditors use to collect a debt by withholding funds directly from your paycheck. As a legal procedure, garnishment is mostly governed by state law, though federal law limits how much a creditor can garnish from your earnings. 

In most states, creditors must sue you and win to get a court judgment and an order to garnish your wages. They then serve the order on your employer. Your employer is called the garnishee and they are then required to withhold money from your paycheck based on the state and federal formulas. But like its neighbor, North Carolina, South Carolina is one of the only states in the country where creditors can’t garnish your wages to collect on consumer debts. Despite being illegal, debt collectors still threaten and even attempt to use wage garnishment in the Gamecock State. 

Government creditors that are seeking payment for certain debts like back taxes, child support, or student loans can legally garnish your wages in limited circumstances without a judgment or court order.

Who Can Garnish My Wages in South Carolina?

South Carolina law states that South Carolina residents can’t have their wages garnished for consumer credit, including leases, loans, and rental-purchase agreements. Creditors, debt collectors, or debt buyers can still sue you and get a valid, enforceable court judgment to collect the debt. But they can’t garnish your wages in South Carolina. 

There is an exception to this rule. If a creditor got a judgment or default judgment against you in another state while you resided in that state, but you later moved to South Carolina, your wages can be garnished by a lender, debt collector, debt buyer, or any other creditor for consumer debt. The practical effect of South Carolina’s law is that creditors can get a judgment against you for consumer debt, but your wages can’t be garnished to collect on that debt while you reside in South Carolina.

South Carolina allows wage garnishment in two circumstances. The first is for child support and alimony. The second is for unpaid state taxes. In both instances, the government or state agency can garnish your wages without a judgment. Federal law also allows creditors to garnish wages for federal tax debts and student loans without getting a court judgment. This article will focus on the wage garnishment process for private debts that require creditors to get a judgment before garnishing your wages.

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South Carolina Wage Garnishment Process 

If a creditor gets a garnishment order in another state and wants to use it to garnish the wages of an employee who now resides in South Carolina, they can’t do so until they get a judgment from a South Carolina court. This means that a valid, enforceable wage garnishment from an out-of-state court for consumer debt in South Carolina must be supported by a South Carolina court order. 

If you’re sued by a creditor in South Carolina for a consumer debt, it’s important to answer the complaint served with the summons. If you don’t answer the lawsuit, the court will award the plaintiff a default judgment . This means the creditor wills the case by default since you didn’t show up to defend yourself.

Child Support

When a court orders a parent to pay child support, there’s an automatic income withholding order. The South Carolina Department of Social Services will send a notice to withhold wages to the employer. An employer in South Carolina must honor a notice to withhold child support payments from the following entities:

South Carolina Department of Social Services

Clerks of Court in South Carolina

Child Support Enforcement Agency in another state

The court in another state

The South Carolina Department of Revenue and IRS can garnish your wages for unpaid taxes. Both use an administrative garnishment process that doesn’t require a court order.

Federal Student Loans

The U.S. Department of Education uses an administrative garnishment process that doesn’t require a court order to garnish wages for delinquent student loans. 

How Much of My Paycheck Can Be Taken by Wage Garnishment?

If you have your wages garnished, the total amount taken from your paychecks can’t exceed the judgment plus interest, fees, and costs. For each paycheck, the amount of an individual garnishment is limited by exemptions . South Carolina law details a list of exemptions for property, including financial accounts. Several types of income are subject to federal exemptions, including Social Security, veterans benefits, workers’ comp, and many others. Wage garnishment orders will list the maximum percentage of disposable income that can be garnished, accounting for any exemptions.

The amount of any single wage garnishment is based on disposable earnings, which are the earnings that remain after taxes and other legally required expenses are deducted from your paycheck. Legally required deductions by the government include federal income tax, Social Security tax, Medicare, and others. 

Federal law limits the amount of money that can be withheld from a parent’s disposable income for child support payments. 

Up to 50% of an employee’s disposable earnings may be garnished for child support.

Up to 60% may be garnished if the employee is not supporting another spouse or child.

An additional 5% may be ordered withheld if payments are more than 12 weeks past due.

Student Loans & Federal Taxes

The U.S. Department of Education or any loan servicer collecting on its behalf can garnish up to 15% of your earnings. But federal law allows you to keep an amount that's equivalent to 30 times the current federal minimum wage per week. Unlike the garnishment of a student loan, the IRS is not limited in the wages it can take through garnishment. The South Carolina Department of Revenue may levy up to 25% of an employee’s income. State property exemptions are available and may reduce the amount of tax liability.

How To Stop a Garnishment in South Carolina

Creditors with an out-of-state judgment against you may be able to garnish your wages in South Carolina for a consumer debt by bringing that order to a South Carolina court. If this happens and your wages are garnished, you can either contact the creditor and make an offer to pay a negotiated settlement or file bankruptcy . If the debt is for a consumer loan like a credit card or automobile, the debt is dischargeable in bankruptcy. 

Student loan, tax, and family support obligations are generally not dischargeable in bankruptcy although student loans and some taxes may be in very limited circumstances. It may also be possible to repay taxes, student loans, spousal maintenance, or child support debt with more manageable payments in a Chapter 13 bankruptcy case . Upsolve provides many useful resources for finding debt relief. This includes a tool that can help you file bankruptcy on your own without an attorney. 

Are There Any Resources for People Facing Wage Garnishment in South Carolina?

If your employer has been served with an order to garnish your wages, there are self-help legal aid resources located online and throughout South Carolina, including:

University of South Carolina Law Library

South Carolina Legal Services

South Carolina Bar

SC.gov Courts & Legal Services

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South Carolina Wage Garnishment Calculator

You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in South Carolina. 

Wage garnishment in South Carolina  is different from many other states, so how much will you be garnished?

Below is the South Carolina wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options. The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this South Carolina garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.

How Wage Garnishment in South Carolina is Calculated

There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific South Carolina wage garnishment laws that are factored into the SC wage garnishment calculator above.

"Wage garnishment is prohibited in South Carolina EXCEPT in 3 cases: 1. If money is owed to the government (i.e., unpaid taxes, defaulted federal student loans) 2. If money is owed for child or spousal support (but a court order for garnishment is required). 3. If a garnishment order has been entered in another state while the consumer was a resident there but the consumer later moves to South Carolina. (B) The maximum amount of the aggregate disposable earnings of a debtor which are subject to garnishment may not exceed: (1) twenty-five percent of the debtor's disposable earnings for the relevant workweek; or (2) the amount by which the debtor's disposable earnings for that week exceed fifty times the federal minimum hourly wage prescribed in section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. Section 206(a)(1), in effect at the time the earnings are payable, whichever is less."

Would the Garnishment Calculator Results be the Same in Charleston as North Charleston?

Let’s say that Charleston has a higher minimum wage than North Charleston or even that of South Carolina. For example, South Carolina minimum wage is $7.25. Could the calculation be different?

Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the South Carolina wage garnishment calculator would be different.

How Do Employers Calculate Wage Garnishment in South Carolina?

Employers in South Carolina may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.

Understanding South Carolina Higher Order Priority in the Calculation 

First, the creditor requests a writ of execution from the South Carolina court. Check an example South Carolina writ of execution . Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.

Let’s say you have multiple earning withholding orders in South Carolina that could include child support or alimony. Here’s the specific priority for the garnishment calculation in South Carolina:

• Wage and Earnings Assignment Order for Support
• Earnings Withholding for Support
• Earnings Withholding for Taxes
• Earnings Withholding for Elder or Dependent Adult Financial Abuse
• Earnings Withholding Order

Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in South Carolina.

Options to Stop Wage Garnishment in South Carolina

There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.

File an Objection or Exemption

First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.

You may also attempt to claim an exemption to the garnishment in some states as well.

In South Carolina, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.

File For Bankruptcy

Filing for bankruptcy in South Carolina may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy in South Carolina is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the South Carolina bankruptcy exemptions .

You also may have to qualify via the South Carolina bankruptcy means test. Below are the South Carolina median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in South Carolina is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.

If you are considering a Chapter 13 bankruptcy in South Carolina, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.

How much does it cost to file bankruptcy in South Carolina?

You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.

While the cost to file bankruptcy in South Carolina is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.

Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the South Carolina poverty thresholds below.

Negotiate a Settlement

You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.

What Should You Do?

One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.

For example, let’s say you live in Charleston or Columbia and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.

If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for South Carolina to inform your decision.

Stop Wage Garnishment in South Carolina

Dena Standley | July 07, 2023

Legal Expert, Paralegal Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Editor at SoloSuit Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: South Carolina is an excellent place to live if you do not want consumer creditors to garnish your wages. Even with a judgment, the court cannot order employers to withhold money from your paycheck for debts such as auto loans and leases. The only exception is if a debtor owes money to the government, child or spousal support, or consumer debt with a judgment from another state.

Unlike many states, South Carolina does not allow wage garnishment for consumer debts. Such creditors may threaten consumers with wage garnishment, but they will never legally enforce it.

Debts that lead to garnishment are those you owe the state or federal government, child or spousal support, and those with a judgment and withholding order from your previous state of residence.

Unlike its neighbor North Carolina, South Carolina law does not require employers to honor wage garnishment orders from out-of-state. Creditors pursuing consumers who have recently relocated to South Carolina would need a new court order to continue wage garnishment.

A closer look at the state's wage garnishment laws reveals ways to stop the creditor from taking more than they should out of your paycheck. In this articles, we’ll break down these laws and ways you can stop wage garnishment in South Carolina.

South Carolina wage garnishment statutes

The Consumer Protection Code governs wage garnishment in South Carolina. Below is a breakdown of the applicable law.

Consumer debts do not qualify for garnishment

Consumer Protection Code Section 37-5-104 prevents a creditor from withholding money to be paid to a debtor to recover debts arising from consumer loans and credit. Consumer credit includes:

• Credit cards
• Consumer leases
• Medical bills and other personal loans

A creditor can only garnish wages to recover consumer debt if they have a previously initiated garnishment order from the state where a debtor used to live. But even then, they would have to go to a South Carolina court to obtain a new order. South Carolina employers cannot withhold consumers' earnings based on an order from another state.

Back taxes do not require a court order

If you owe money to the South Carolina Department of Revenue or the IRS, they do not need a court judgment to garnish your wages. They can also recover tax arrears from typically exempt earnings, such as government benefits.

Federal loans qualify for garnishment without a court order

Like taxes, federal student loans use an administrative garnishment process that does not require a court order to implement.

Child and spousal support debts qualify for garnishment

An employer must satisfy a child support court order. The order can come from the South Carolina Department of Social Services, state court clerks, child support enforcement agencies from out-of-state, or a court in a different state. All child support orders have an automatic withholding order that an employer must obey.

Employers cannot terminate a debtor's employment because of garnishment

Wage garnishment adds to an employer's job description. If a creditor garnishes your wages, your employer becomes the garnishee. They must respond to the garnishment notice and ensure creditors receive their cut. For this reason, an employer may feel tempted to fire you. Fortunately, the law protects debtors undergoing garnishment from such unlawful terminations ( Section 37-5-106 ).

Under South Carolina law, some of your earnings are exempt from garnishment:

• The court can only grant a withholding order on your earnings if you earn more than 30 times the minimum hourly wage weekly. South Carolina's minimum wage is $7.25 per hour. Consumer creditors will not obtain a garnishment order if you earn $217.50 or less weekly in disposable income.
• Supplemental Security Income, benefits for people living with disability, unemployment benefits, and Social Security are exempt from garnishment. So are annuities, retirement benefits, and life insurance.
• Income from child support or alimony is typically exempt.

With these laws in mind, let us consider how you can stop wage garnishment in South Carolina.

Prevent and stop wage garnishment in South Carolina

If you recently relocated to South Carolina with an existing garnishment order, you may be unable to respond to the original lawsuit. But the creditor must still obtain a new court order to withhold your wages. Seize every opportunity to defend your rights when attending court hearings.

You can stop a wage garnishment order already in place by:

File for bankruptcy

Whenever a consumer files for bankruptcy, the filing initiates the Automatic Stay. You don't need to obtain a separate order for the Stay to start.

The injunction stops all creditors from collecting debts, at least for some time. Eventually, all dischargeable debts disappear, and you can start rebuilding your finances again.

Apply for exemptions

South Dakota law allows for multiple exemptions. You may qualify for one or of those discussed above.

For example, if you earn less than $217.50 a week, a consumer creditor cannot garnish part of it. If your only income is disability benefits, it is exempt. But you need to fill out an exemption form with the court clerk. The levying officer and the creditor should also receive a copy of your claim of exemptions.

There are exceptions when the debts are state and federal taxes or defaulted federal student loans. Such creditors garnish your wages without a court order and may even collect from typically exempt income.

Disputing the garnishment order

In South Carolina, a garnishment order may only be valid if backed by a court order from within the state. Some consumer creditors may try to garnish your wages with a money judgment. You can launch a formal dispute with the courts to overturn such garnishments.

Resolve your debts in South Carolina

Few creditors can garnish your wages in South Carolina than in most states. But you can still fall victim to wage garnishment if you owe taxes and spousal or child support. A garnishment order from your previous state of residence can also follow you into South Carolina.

Stop garnishment or reduce the amount by filing an exemption claim, disputing the order, or filing bankruptcy. SoloSuit also helps with debt elimination at different stages and can assist you in resolving your outstanding debts for good.

Respond to a debt lawsuit in South Carolina

If you’ve been sued for debt in South Carolina, you should respond to the case with a written Answer to increase your chances of winning.

To draft and file your Answer, follow these steps:

• Respond to each claim against you.
• Assert your affirmative defenses.
• File the Answer in court, and send a copy to the opposing attorney.

SoloSuit can help you with all these steps and more. Learn more from our guide on How to Answer a Summons for Debt Collection in South Carolina (2023 Guide) or by watching the video below:

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Wage Garnishment in South Carolina

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In South Carolina, a wage garnishment occurs when your employer (the garnishee) withholds a portion of your paycheck in compliance with a statute or court order requiring payment to a third party. Reach this brochure to learn more.

Link: sclegal.org

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South Carolina Garnishment Laws

People get behind in their bills for all sorts of reasons, some within their control, some not. Changes in the economy, the collapse in the mortgage industry, a plunging stock market – these forces can overwhelm any family, especially those living on low income.

No matter what the economy is like, or the personal hardship of a particular wage earner, creditors are still entitled to be paid. The wage garnishment process is one way that creditors can collect unpaid debts when the collection process fails. When bills for credit cards, medical expenses, federal and state taxes, school loans, and child or spousal support fall behind, creditors can garnish wages or attach property to satisfy the debts.

When garnishing wages, however, the process is governed by federal and state laws designed to protect debtors from overreaching and excessive attachments. There are many statutory protections at the federal level, but South Carolina is unique in its decision to totally protect wages from garnishment for the “consumers debts” of any debtors living in the state.

Everyone involved in the debt collection process – creditors, employers and debtors – have certain rights and obligations, so let’s examine the details more closely.

How the Garnishment Process Starts in South Carolina

Many times the debt is misstated, and sometimes the action is time-barred, meaning the statute of limitations has run and the debt can no longer be collected even though it is owed. In South Carolina, the creditor has three years from default, last partial payment, or last written acknowledgment of the debt, in which to file a collection lawsuit. These defenses should be diligently asserted in answer to the complaint.

Issuance of Wage Garnishment Orders in South Carolina

Despite the various defenses to collection, most debt collection actions end in a money judgement for the creditor in the amount of the delinquent debt, plus interest and penalties. Armed with the judgment, the creditor can then request the Court to issue a wage garnishment order directed to the debtor’s employer. Once served with a wage garnishment order, the employer is obligated to comply with the order and pay over part of the employee’s wages to the court or creditor. In meeting their obligations, however, creditors must be sure not to run afoul of any applicable federal or state laws which exempt the debt from collection or limit the amount subject to garnishment.

The Important Difference Between Employees and Independent Contractors

The workforce is not like it was even a decade ago. More workers today are freelancers working from home or independent contracts doing jobs project-by-project than ever before. Some of this has been made possible by technology and the internet, such that many workers don’t earn overtime, receive worker’s compensation, qualify for unemployment benefits or have FICA withheld. Accordingly, a company served with a wage garnishment order for any such person, either freelancer or independent contractor, has no choice but to return the garnishment unpaid for lack of garnishable wages.

The Role of Exemptions and Protections against Wage Garnishment

Were it not for exemptions and protections against the collection of past due debts, the first creditor to walk through the employer’s door with a money judgement in hand would be able to garnish up all of the employee’s wages in one fell sweep. With this power, there’s no doubt that many creditors would think nothing of rendering the debtor penniless, leaving him nothing to take home and sending his family onto the public dole. To ensure that this does not happen, Congress has passed federal laws that exempt and limit what wages can be garnished.

Debts Exempt from Wage Garnishment under Federal Law

As in all states, debtors living in South Carolina may invoke federal law to claim any available exemption from the wage garnishment process. While states like Wyoming liberally exempt virtually all private and public pensions from attachment, South Carolina does not do so. However, under federal law, social security payments are exempt from garnishment except for certain carve-outs for delinquent federal taxes, and child and spousal support, for which social security benefits can still be attached.

The Protections of Federal Law

The federal Consumer Credit Protection Act, as applied in South Carolina, puts a lid on how much of an employee’s wages can be garnished regardless of any independently-enacted state law. Referred to as the “the 25-30 rule,” the limitations protect 25% of the employee’s “disposable wages” from wage garnishment, or any amount less than thirty times federal minimum wage, whichever provides greater protection. These federal protections, however, are not generally necessary in South Carolina because the state has passed even stronger protections for “consumer debts.”

South Carolina’s Unique Exemption for Consumer Debts

It is one of the rare few to do so, but South Carolina has passed legislation at the state level that exempts virtually all “consumer debts” from the wage garnishment process. Yes, that’s correct. The “25-30” rule ordinarily is not even needed to protect against garnishment of monies due from credit card, retail store, auto, and other consumer debts where credit is extended to buy and sell consumer goods. However, there are certain exceptions to the sweeping “consumer debt” exemption, such as taxes, support, and student loans, but everything else is not reachable by a wage garnishment order.

IRS Tax Delinquencies, Bankruptcies, Child Support, and Student Loans

Superseding South Carolina’s consumer debt protections are federally-mandated rules governing bankruptcies, federal income taxes, child support and student loans. Here are the ways these play out:

• Since 1988, court orders for child support all come with an automatic income withholding order allowing up to 50% withholding from noncustodial spouses with family or children, up to 60% withholding for noncustodial spouses with neither, and an additional 5% if such support is over twelve weeks in arrears.
• The IRS can garnish wages without a court order for as much as 70% of disposable income, subject to reduction for hardship (with 50% being common). The amount subject to garnishment depends on a host of factors, including deductions and total taxes due.
• The government can garnish up to 15% of your wages for unpaid student loans.

Prioritizing Multiple Garnishment Orders

It is not uncommon for debtors who have fallen behind on one debt to fall behind on another. When applying any of the limits previously mentioned, it makes no difference how many garnishment orders are in place. However, there is a legally-mandated order of priority that must be followed by the garnishing employer regardless of which wage garnishment was served first:

• Child support and alimony comes first,
• Federal, state, and local taxes are second,
• Student loans, third, and
• Private consumer debts last, which are paid on a first-come, first-serve basis only when for some reason the exemption may not apply (as for some out-of-state debts).

South Carolina has one of the strongest protections in America against aggressive wage garnishment actions, extending broad protection to “consumer debts”. Combined with the many and diverse federal protections, it behooves all debtors except those with a small remaining debt to consult a professional with an expertise in creditor-debtor law and the garnishment process, such as an attorney or CPA. With these professionals you are much more likely to find peace of mind and a palatable result.

References:

South Carolina Law Labor and Employment Generally, Payment of Wages, Chap. 10, Section 41-10-10. Employer Liability for non-compliance with garnishment order: SC Rev. Sec. 63-17-1410.

Exemptions: SC Code § 15-41-30

Statute of Limitations on Debt Collection and Breach of Contract: 3 years, SCCLA 15-3-530, generally, 15-3-120. Any partial payment or acknowledgment in writing tolls the Statute of Limitations, SCCLA 15-3-30. 

Federal Law Public Law 99-150, enacted on November 13, 1985, amending the Fair Labor Standards Act Title II of the Consumer Credit Protection Act, 15 U.S.C. Section 1671 to 1777 – applies to all garnishment orders https://www.dol.gov/whd/regs/statutes/garn01.pdf https://www.dol.gov/whd/garnishment/ https://www.dol.gov/whd/minimumwage.htm

Resources Online South Carolina Payment of Wages: https://www.scstatehouse.gov/code/t41c010.php South Carolina Fair Debt Collection FAQS: https://consumer.sc.gov/consumer-faqs/fair-debt-collection-faqs

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Wage Garnishment in South Carolina (or not?)

• Debt Collection Issues
• Wage Garnishment in South Carolina…

Wage garnishment is extremely limited in South Carolina, though debt collectors will attempt to convince you otherwise. Still, there are exceptions you need to understand.

While almost all other states have wage garnishment statutes, South Carolina has taken a different path.   In South Carolina private parties cannot garnish wages for consumer debts.   S.C. Code Ann. § 37-5-104 .

Note, however, I said “private parties.”   The IRS and State Department of Revenue may garnish wages.   So if you’re delinquent on your taxes, keep this is in mind.

There are two other notable exceptions: government-backed student loans and child support orders.   I’ve said it before: “Owing student loans is like owing the mob.”   And the mob gets to garnish your wages.   Also, the family court may order child support to be taken out of your wages–a garnishment of sorts.   And while we no longer have debtors’ prisons, we do for those who violate family court orders. This makes sense in some cases, but you can also be jailed for failing to pay you ex-spouse’s Visa and MasterCard bill.   And that makes no sense for a whole variety of reasons.

You should also know that if a creditor obtains a judgment and writ of garnishment against you in another state, the creditor can garnish your wages even after you move to South Carolina.

Violations of the Fair Debt Collection Practices Act and the South Carolina Consumer Protection Code

Lying about the law, a consumer’s rights and obligations, or possible consequences of default   are all violations of the both federal and state law.   Put simply, neither the creditor nor the debt collector can lie about what it can do to collect the debt.   S.C. Code Ann. § 37-5-108(c).

What should you do?

• If you’re a South Carolina resident and have been wrongfully threatened with wage garnishment, seek legal counsel.
• Make good notes and keep any evidence so you can turn over this information to your lawyer.
• NEVER erase phone messages from debt collectors when they make illegal threats.   Keep all these communications.
• Try to make the slimeball–err, the debt collector–repeat all these communications.   Act dumb and ask them to explain this to you again because you are concerned about your wages and your job.

More information from the South Carolina Department of Consumer Affairs

Here’s a great video from the South Carolina Department of Consumer Affairs discussing wage garnishment in South Carolina.   You should also take a look at that agency’s website, which has great information on a variety of topics for consumers.

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Good post about wage garnishment in South Carolina. Thanks for sharing.

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How to Collect a Civil Judgment in South Carolina

by Futeral & Nelson, LLC | Oct 10, 2013 | General Practice

Judgments are decisions by the court, and in many cases, they involve a court stating with finality that one person owes another person money.  Judgments most commonly arises as results of lawsuits, regardless of whether it is a personal injury case, defamation case, business case, or otherwise.  However, having a judgment against someone and collecting on the judgment are two separate things.  Different terms are used to describe “collecting” on a judgment, and these terms include “executing” and “enforcing.”  Ultimately, regardless of which term is used, a lawyer is generally referring to the process of turning a piece of paper called a judgment into money in his client’s bank account.

Judgments in South Carolina Expire

Collecting on a judgment is more difficult than people realize.  First, judgments do not last forever.  While the law is a little unclear, it is generally recognized in South Carolina that if a person who is owed money (also called a judgment creditor) does not begin court action to execute the judgment within 10 years from the date the judgment is entered, then the judgment will be deemed to have expired.

When Debtors Don’t Have Assets

Sometimes the people who owe the money (also called judgment debtors) don’t have any assets to collect from.  South Carolina is not a wage garnishment state, so a debtor needs more than just income to collect from.  The debtor must actually own property.  Although personal property counts, such as furnishings and personal items, this personal property often does not present enough value.  The debtor really needs to own real property or have financial assets, such as stocks and bonds, for it to be worth the time and money to attempt to execute a judgment.

Exemptions to Collecting Judgments in South Carolina

Even if the debtor has assets, judgments are subject to exemptions in South Carolina. For example, there is approximately a $50,000 “exemption” on someone’s primary residence.  The first $50,000 equity cannot be touched by a creditor.  So, if someone has a $200,000 home and they owe $180,000 on the mortgage, they only have $20,000 in equity.  In this example, the debtor would have to gain another $30,000 in equity before the creditor can begin going after this property.  Even if the creditor believes that eventually such will happen, the creditor still has to consider the 10-year time span that will eventually expire.

When Debtors Judgment Debtors Hide Assets

Debtors sometimes hide assets, such as cash, off-shore accounts, or holding silent interests in businesses.  The court can’t seize or sell an asset that it doesn’t know exists.  Debtors can also protect assets in less discrete ways.  For example, a lot of savvy businessmen put everything in their spouses’ names.  That way, the businessman assume all of risk of liability, and the spouse either works his or her salaried job without any real exposure of having a judgment filed against him or her or does not work at all.  In most cases, a creditor cannot touch the assets of a debtor’s spouse.

Procedure for Collecting Judgments in South Carolina

Judgments may also be difficult to collect because of the process.  First, the creditor has to apply for an execution by the Sheriff.  These executions rarely create any benefits.  After the Sheriff returns the execution uncollected (also called Nulla Bona ), then the creditor must file an action called Supplemental Proceedings with the Master-in-Equity.  This process can be just as confusing as a normal lawsuit.  It is highly recommended to at least consult with an attorney before attempting this process.

The Good News About Collecting Judgments in South Carolina

Despite all of the difficulties associated with judgment collection, there are some things in the creditor’s favor.  One such advantage is that the judgment can affect someone’s credit and will likely prohibit them from being able to obtain a loan from a bank.  For these reasons, sometimes and debtor will attempt to negotiate a satisfaction of the judgment.  Judgments create automatic liens on real property if filed correctly.  Therefore, the debtor will not be able to sell real estate that has a judgment attached to it.  There is law known as the Statute of Elizabeth that can hamper a debtor’s ability to use a fraudulent conveyance to get property out of his name and into the name of a family member.  Also, during Supplemental Proceedings, the court can force the debtor to appear before the court and give live, sworn testimony regarding his assets.  This procedure can be very effective in finding out whether the debtor has assets.  Finally, judgments can be domesticated in other states.  So, if a debtor has property outside of South Carolina, that property is not immune from execution.

As simple as judgments seem, the body of law governing them in South Carolina is complex.  If you hold a judgment against another person, you should consult with an attorney to determine if it is worth your time and money to go after it.

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• Garnishment

Can Your Wages Be Garnished Out of State? What to Know About Out-of-State Garnishments

If you are in debt, you may have experienced wage garnishment . A wage garnishment allows a creditor to take part of your paycheck each period to help offset your debt. This situation can be very frustrating, and many people try to find ways around it. However, that can lead to serious issues. It is crucial that you understand what you are dealing with before you try to find a quick fix that will get you out of your garnishment – and potentially into even more legal trouble!

Understanding the Wage Garnishment Process

Before you ask questions about the wage garnishment process, here are a few quick things to know.

Your creditors will have to receive a legal judgment against you to pursue repayment of debt through the wage garnishment process. After that happens, they will be given a document called a writ of judgment. This writ of judgment is then presented to your employer or employers, who have a clearly specified amount of time to respond to the order. After that, they will be expected to begin withholding your earnings and submitting them. 

It can be very upsetting to have your employer learn of your financial troubles and get directly involved this way. In most states, though, it is technically illegal for them to terminate your employment for this reason. However, most employers also reserve the right to terminate employees for other, lesser reasons, leading many employees with wage garnishment orders against them to feel anxious during the entire debt repayment process. It is not a fun situation to be in!

Now that you understand wage garnishment a little bit better, here is how it may vary by the state you live in – which will be important later in this post! 

The Variance of Wage Garnishment Law by State

Like many other legal topics, each state in the U.S. has its own regulations and rules that dictate how and how much creditors can collect by way of wage garnishment. This can make understanding the process as it applies to you a little complicated, so it is essential to understand the rules within your state. 

One example is states that prohibit the collection of debts that are considered consumer debts. Some of these include: 

• South Carolina
• North Carolina
• Pennsylvania

Some of these states – like South Carolina – prohibit collection on consumer debts through wage garnishment, regardless of what those debts are for or how they were acquired. 

What happens if you think your creditors are not following these laws properly? In those cases, you may have cause to push back against your creditor legally. However, doing this should happen only with the guidance of a bankruptcy attorney or other legal professional. Sidestepping any laws regarding debt can put you in an even worse situation, so do so only with expert advice. 

Are Out-of-State Garnishments Legal?

Many people mistakenly believe that out-of-state garnishments are strictly impossible. This may be why some people pick up and move during the garnishment process and believe that this will keep them from being responsible for the amount that they owe via these garnishments. 

Unfortunately, this is not the case. While out-of-state garnishments are a little bit tricky, there are ways for creditors to collect on them. Knowing this will keep you from being caught completely off guard by these garnishments happening to you.

How Do Out-of-State Garnishments Work?

To go after your debt when you are no longer in the state where that debt was created, your creditors must first domesticate it. That means that they must legally relocate that debt into the state where you are working, residing, and paying taxes. To do this, they must be recognized as a valid creditor in the new state, which requires action through the civil courts of that state. 

Exactly how this happens is largely dependent on that new state’s civil procedure. In general, though, your creditor must obtain what is called an exemplified copy of your debt documentation. This simply means that the authenticity of that debt – and their legal right to pursue it – will have to be verified by the court in the original state and the new state. 

Once this process happens, your wage garnishment will be considered valid in the new state and will proceed as normal. If there is any hiccup in the process along the way, it may delay this judgment from happening – but it will not stop it. The only thing that might halt the process, at least temporarily, is if your new state is one that has not adopted the law that requires states to comply with these rules. Those states include: 

• Massachusetts

Technically, there are still plenty of loopholes and exceptions regarding garnishment that can complicate the process and confuse those involved. For example, many states allow employers to decide if they will comply with wage garnishment, especially if that garnishment was originally ordered in another state. They see that other state’s garnishment order as not being applicable to employers in their own state, meaning that those employers are within their rights not to comply with the order. The debtor is still responsible for their debt, though, meaning the whole situation is murky and confusing.

Even worse, some states have laws that seem to conflict with their own orders. In North Carolina, for example, there are laws that essentially disallow wage garnishment entirely. However, that same state allows employers to decide whether they will comply with wage garnishment orders, including those from other states. That means that moving to North Carolina to escape wage garnishment may not be the quick legal fix that debtors are hoping for. 

If you still have questions regarding out-of-state garnishments or anything related to wage garnishment, you can find the answers to those questions by contacting an attorney. The Team at the Van horn Law Group has that experience – and a passion for helping clients understanding and navigate their financial situations. To learn more, give them a call today. 

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