Wage Garnishment

What is Wage Garnishment?

In South Carolina, a wage garnishment occurs when your employer (the garnishee) withholds a portion of your paycheck in compliance with a statute or court order requiring payment to a third party.

A South Carolina employer should only honor a garnishment order from a South Carolina court, not from the court of any other state.

Debt collectors threaten and even attempt to use wage garnishment in S.C. even when it violates the law.

Can Creditors Lawfully Garnish My Wages in South Carolina for Consumer Debt

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.

Can My Wages be Garnished for Collection of a Judgment in South Carolina?

Your wages CANNOT be garnished for collection of a debt or a judgment incurred here in South Carolina.

Wage Garnishment is Prohibited in South Carolina EXCEPT in 3 Cases:

1. If money is owed to the government (i.e., unpaid taxes, defaulted federal student loans);
2. If money is owed for child or spousal support (but a court order for garnishment is required);
3. If a garnishment order has been entered in another state while the consumer was a resident there, but the consumer later moves to South Carolina. (But the out-of-state order must be properly filed and domesticated in South Carolina.)
4. The South Carolina Department of Revenue can garnish wages in certain situations.

Your Employer Must Notify You Before Garnishing Your Wages

The South Carolina Payment of Wages Act requires your employer to provide you with written notification of your wages and working hours, place of payment, and a list of itemized deductions from wages.

Because the employer is subject to penalties for violating a court-ordered garnishment, you should act quickly to obtain an attorney and challenge the garnishment if you want to dispute it.

Tips to Follow to Make Sure a Wage Garnishment Order is Proper:

Tips to follow to make sure that a wage garnishment order is proper:

1. All valid and enforceable wage garnishments for consumer debt should be supported by a South Carolina court order.
2. The order should detail the maximum percentage of disposable income to be garnished.
3. If garnishment is sought without a valid court order and/or without limitations, consult an attorney as soon as possible.