Can South Carolina Garnish Wages for a Civil Judgment?
A civil judgment is a notation entered on a court's docket that signifies that a plaintiff has prevailed in his civil action against a defendant. Wage garnishment is a court order directing the employer of the judgment debtor to disburse a specified percentage of the debtor's wages to the judgment creditor.
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Post-judgment Collection
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In most states, a plaintiff who obtains a judgment against a defendant is afforded the ability to enforce or seek satisfaction for his judgment for money damages by commencing various post-judgment collection procedures authorized by law. These include attachment of the judgment debtor's assets, obtaining a writ of garnishment order against the debtor's wages and placing a lien on his real property.
Wages Exempted
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South Carolina is one of the few states that do not permit a judgment creditor to garnish a judgment debtor's wages. The only exception to the general rule is a debtor's wages can be garnished to satisfy an order for child support.
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Other Exempt Income
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South Carolina exempts other income from wage garnishment. Social Security and disability payments cannot be garnished, nor can public benefits or assistance such as welfare, worker's compensation or unemployment compensation.
Statute of Limitations
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Creditors have a limited number of years within which to file a civil action in court to recover sums due on a defaulted debt obligation. Pursuant to South Carolina Code of Laws §15-3-530, any action to recover debts arising out of the existence of a written, verbal or credit card agreement must be brought within three years from the date the cause of action accrued. In South Carolina, a judgment is valid for a period of 10 years. The judgment creditor must attempt to collect on the judgment within this period. Once the judgment expires, any liens or attachment orders dissolve.
Enforcing Judgments
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Although South Carolina does not permit a debtor's wages to be garnished, a judgment creditor still has a number of remedies available. Once a court order is obtained, a judgment creditor can attach any other assets of the judgment debtor such as a bank account, and could place a lien against any real property owned by the debtor.
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