Can Wages Be Garnished in South Carolina?

With wage garnishment, your employer pays part of your earnings to creditors.

South Carolina is one of the few states restricting wage garnishment for most debt. However, your wages may be garnished for some debts under federal or state laws. Your wages may only be garnished through a court order.

Laws

Under Section 37-5-104 of the South Carolina Consumer Protection Code, your wages cannot be garnished for consumer sales, leases, loans or rental agreements.

Exceptions

Your wages may be garnished for child support, alimony and student loans. Up to 60 percent of your disposable income may be garnished for support payments. If you are more than 12 weeks late with your payments, an additional 5 percent of your income may be withheld.

Considerations

As a South Carolina resident, if a wage garnishment judgment is brought against you in another state, your wages cannot be garnished unless the creditor obtains a judgment against you in South Carolina as well.

Warning

South Carolina restrictions on wage garnishment do not absolve you of debts. Unpaid debts may result in lawsuits, liens, levies and repossession of properties.

References

• South Carolina Department of Labor, Licensing and Regulation: Proper Wage Withholdings
• South Carolina Code of Laws: Consumer Protection Code
• Fisher & Phillips LLP Attorneys at Law: Labor and Employment Laws in South Carolina
• South Carolina Code of Laws: Civil Remedies and Procedures