South Carolina Wage Garnishment Laws

South Carolina is one of a handful of states limiting the types of debts that can be collected by taking funds directly out of a paycheck, called "wage garnishment." In South Carolina, your wages can't be garnished to collect consumer debts. However, you might face a garnishment for a different kind of debt.

What Is Wage Garnishment?

A "wage garnishment," sometimes called a "wage attachment," is an order requiring an employer to withhold a certain amount of money from a person's pay and send it directly to one of their creditors. In most cases, a creditor can't garnish wages without first getting a money judgment from a court. For instance, if someone is behind on credit card payments or owes a doctor's bill, those creditors can't garnish wages unless they sue and get a judgment.

Some creditors, however, like those owed taxes, federal student loans, child support, or alimony, don't have to file a suit to get a wage garnishment. These creditors have a statutory right to take money directly out of a paycheck.

Even with a wage garnishment, creditors can't just seize all of the money in someone's paycheck. Different rules and legal limits determine how much pay can be garnished.

Federal Wage Garnishment Laws

Federal law limits how much judgment creditors can take. The garnishment amount is limited to 25% of a person's disposable earnings for that week (what's left after mandatory deductions) or the amount by which a person's disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

State Wage Garnishment Laws

Again, federal law places limits on wage garnishment amounts. But states are free to impose stricter limits. And South Carolina has done so.

Is South Carolina a Debtor-Friendly State?

South Carolina is often referred as a "consumer-friendly" state because of its tight restrictions on garnishment.

What Are the Limits on Wage Garnishment in South Carolina?

South Carolina eliminated garnishments for consumer debts, regardless of where the debt is made. (S.C. Code § 37-5-104).

A "consumer debt" is a debt you owe because you purchased something with credit. Common examples of consumer debts are:

• credit card debt
• purchases of goods at a particular store on credit
• rental or lease agreements obtained through credit, and
• cash advances or loans.

It doesn't matter what state you were in when you made the agreement for one of these types of debts; a South Carolina court probably won't allow garnishment of your wages for it. However, there are a few narrow exceptions to this general rule. So, consult an attorney if an out-of-state creditor is coming after your wages.

Also, South Carolina prohibits the garnishment of the wages of state residents based on an out-of-state judgment unless the creditor first obtains a judgment in South Carolina on the same indebtedness. The statute further provides that there shall not be "any garnishment of earnings for personal services rendered by the employee regardless of where the debt was incurred." (S.C. Code § 15-39-420).

Limits for Child Support, Federal Student Loans, and Unpaid Taxes

If you owe child support, federal student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment for that purpose. South Carolina allows garnishment if you owe child support, federal student loans, or taxes.

Garnishment Limits for Unpaid Child Support

Since 1988, all court orders for child support include an automatic income withholding order. The other parent can also get a wage garnishment order from the court if you get behind in child support payments.

Federal law limits this type of wage garnishment. Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional 5% may be taken if you're more than 12 weeks in arrears. (15 U.S.C. § 1673).

Garnishment Limit for Federal Student Loans in Default

If you're in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish up to 15% of your pay. (20 U.S.C. § 1095a(a)(1)). This kind of garnishment is called an "administrative garnishment."

But you can keep an amount that's equivalent to 30 times the current federal minimum wage per week. (Remember, federal law protects the level of income equal to 30 times the minimum wage per week from garnishment.) (15 U.S.C. § 1673).

Garnishment Limits for Unpaid Taxes

The federal government can garnish your wages (called a "levy") if you owe back taxes, even without a court judgment. The weekly exempt amount is based on the total of the taxpayer's standard deduction and the aggregate amount of the deductions for personal exemptions allowed the taxpayer in the taxable year in which such levy occurs. Then, this total is divided by 52.

If you don't verify the standard deduction and how many dependents you would be entitled to claim on your tax return, the IRS bases the amount exempt from levy on the standard deduction for a married person filing separately, with only one personal exemption. (26 U.S.C. § 6334(d)).

States and local governments might also be able to garnish your wages to collect unpaid state and local taxes. Contact your state labor department to find out more.

Restrictions on Job Termination Due to Wage Garnishments

Complying with wage garnishment orders can be a hassle for your employer; some might prefer to terminate your employment rather than comply. Federal law provides some protection for you in this situation. Under federal law, your employer can't discharge you if you have one wage garnishment. (15 U.S.C. § 1674). But federal law won't protect you if you have more than one wage garnishment order.

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. Code § 37-5-106).

Getting More Information on South Carolina Wage Garnishment Laws

This article provides an overview of South Carolina's wage garnishment laws. You can find more information on garnishment in general at the U.S. Department of Labor website.

For information specific to your situation or to get help objecting to a garnishment, contact a local debt relief attorney.