Collection of a South Carolina Judgment Against You

What Property is Exempt from Collection of Money Judgment?
In South Carolina, the following types of property cannot be taken from you to pay (satisfy) a money judgment. These properties are exempt.

• Wages. Garnishment of wages is not allowed in South Carolina when it comes to consumer debt.
• House or land. Equity (after deducting mortgage and other liens) up to $76,125 (joint owners up to $152,250).
• Car or other personal vehicle. Up to $7,600 (after subtracting any loan balance).
• Household goods and furnishings.
• Jewelry. Wedding rings are always exempt. Total value of other jewelry is exempt up to $6,100.
• Cash. Up to $7,600.
• Tools of the trade. Tools used in a business up to $2,275.
• Wild Card. If you don’t need the total of any exemption listed above, up to $7,600 of any leftover amount can be used to exempt other property.
• Unmatured life insurance up to $6,100.

The exemptions change every two years and are good through July 2026. For up-to-date information, see S.C. Code of Laws § 15-41-30.

Is it Better to Use an Exemption than a File for Bankruptcy?
It can be if you

• want to avoid (bypass) the bankruptcy process;
• can wait 10 years for the judgment to expire before buying or selling a house or land;
• have limited debt you need to eliminate;
• expect an increase in income or other future ability to settle or pay the judgment; or
• want to save the bankruptcy option in case you have a greater need for it in the future.

Can I go to Jail if I am Not Able to Pay the Judgment?
NO! You cannot go to jail for not paying a judgment entered against you on a consumer debt.

Judgment creditors may still call and write to you to try to collect the judgment. You can pay the judgment voluntarily, but it is not required.

You DO have to pay the judgment if a judge finds you have assets above the exemptions and orders some form of payment in a later, separate case.

What are the Downsides of Having a Judgment Against Me?

• The judgment is good for 10 years and is a lien on any real property that you own.
• The judgment creditor can continue to try to collect it from you for ten years.
• Any property you get, pay off, or sell during the 10 years is at risk if its value exceeds the exemption amounts.
• A judgment affects your credit score in a negative way, even more than just being past due on payments.