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Some states offer more protection for debtors. In South Carolina, your employer can't fire you for an attempted garnishment that results from "consumer debt." (S.C.
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.
GEAR allows continued collections when a debtor does not have an income tax return. With GEAR, governmental entity debt is treated like any State tax debt, subject to the same collection tools available to DOR such as levy and garnishment. This allows a higher collection rate for larger debts.
Can creditors lawfully garnish my wages in South Carolina? Most private creditors have no ability to garnish wages in South Carolina, but government creditors seeking payment for debts owed under state or federal law have the legal ability to garnish wages in certain circumstances.
A motion to reconsider is a post-trial motion where you to ask the Judge who heard your case to amend his or her ruling. This is done for two primary reasons: One, you believe the Judge misunderstood your case, which led to the wrong decision. Two, the Judge failed to rule on an issue in your case.
Garnishment generally prohibited In general, South Carolina law prohibits most private parties from garnishing your wages for consumer debt. As a result, most creditors cannot seek garnishment of your wages for credit card debts, purchases of goods on store credit, cash advances and other forms of consumer debt.
The state of South Carolina is one of four states that does not permit wage garnishment. However, state law does permit creditors to pursue garnishment against your bank account, effectively freezing your assets.
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.
