Wage Garnishment in South Carolina-NOT!
Paycheck
Written by Spartanburg Bankruptcy Lawyer, Däna Wilkinson
There is no wage garnishment statute in South Carolina. That’s right–none, nada, zippo. Despite the fact that every debt collector out there will do his level best to convince you otherwise, most private creditors have no ability to garnish wages in South Carolina.
Note that I said private. Obviously, government creditors (like the IRS, for taxes, or student loans that have been guaranteed by the government) have the ability to garnish wages. Your wages can also be garnished in South Carolina (and pretty much anywhere else, too) for child support. But most creditors, including credit card companies, finance companies, and medical providers, cannot garnish your wages in South Carolina.
If you were a resident of another state that allows wage garnishment, and a court there issued a garnishment order, and then you moved to South Carolina, you may be subject to garnishment, but note that there are a lot of “ifs” in that sentence. The court that issued that order must have had jurisdiction over you at the time the order was entered, among other procedural issues, so many such orders are subject to attack. If you receive an out-of-state garnishment order, talk to your employer about it, talk to a lawyer about it, and talk to the South Carolina Department of Consumer Affairs and Department of Labor about it as well. You may have defenses to such an order.
Most South Carolina residents will never see a garnishment order, although practically every creditor that calls you will make that threat. If you receive a wage garnishment order, whether it’s an out-of-state order, or from the IRS, it is a good idea to immediately consult a lawyer about such an order. There are options, like bankruptcy, which will stop a garnishment. There are also procedures which may reduce the amount of the garnishment. Finally, and especially with out-of-state orders, there may be ways to attack the way the order was issued. Which of those approaches will best serve your needs depends on your overall financial situation–your other obligations, your income, and your budget. Only an attorney can explain all your options.
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Wonderful post on wage garnnishments. May I suggest that you expand upon the topic in your next post and address the amount that can be legally garnished? For those interested in wage garnishment under Arizona law, please visit my recent bankruptcy blog post. I look forward to reading more of your articles.
Not sure if the person who wrote this article and is current with SC laws. If the plaintiff has a valid court order judgment, regardless of where the person resides, he, the plaintiff has the right to garnish their wages. “No garnishment in SC–who re you kidding. The items that several people have posted–child support etc. cannot be attached–but the wages surely can be taken.
Däna Wilkinson wrote this. She’s a bankruptcy attorney with over 25 years experience and who is certified as a bankruptcy specialist by the SC Supreme Court. Furthermore, she is correct. S.C. Code Ann. section 37-5-104 provides: “With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings.” This has long been the law in South Carolina.