This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.
South Carolina USLegal Guide on How to Stop Garnishment
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How to fill out USLegal Guide On How To Stop Garnishment?
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Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
South Carolina law says that you can't stop creditors from contacting you at home, but you can write them and ask them to stop contacting you at work. There are other laws that protect you in this situation. Other actions that debt collectors take that would be against these other laws include: Invasion of privacy.
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.
In South Carolina, the statute of limitations for most types of consumer and business debt is three years.
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.
Even if the debtor has assets, judgments are subject to exemptions in South Carolina. For example, there is approximately a $50,000 ?exemption? on someone's primary residence. The first $50,000 equity cannot be touched by a creditor.
If the debt is still with the original lender or creditor and they've already won a wage garnishment court order, it may be difficult to negotiate a payment plan, but it's still worth asking. Call the creditor and explain your situation. Ask if there are options to get on a payment plan that you can afford.
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.