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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.
Specifically, Rule 5 of the South Carolina Rules of Criminal Procedure provides that, upon request by you, the prosecution has to provide you with or let you inspect any statements you've made, your prior criminal history, any books, papers, documents, photographs, tangible objects, buildings or places, which are under ...
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.
South Carolina law permits creditors to execute bank levies against debtors, but exempts certain types of accounts and monies from seizure. The procedure in South Carolina to obtain funds in an account is usually via a supplemental hearing in state Equity Courts to enforce a civil judgment against a debtor.
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.
Even if you owe the debt a creditor seeks to garnish, the money in your bank account may be exempt from a levy. Federal law prohibits bank levies on Social Security payments, Supplemental Security Income (SSI) payments, veteran's benefits, student assistance, and many other types of federal benefits.
There are five states that prohibit bank account garnishment when the bank account contains only a small amount of money: South Carolina, Maryland, North Dakota, New York, and New Hampshire. In addition, North Carolina, South Carolina, Pennsylvania, and Texas all prohibit wage garnishments for consumer debts.