How Wage Garnishment Works in South Carolina
Wage garnishment is a collection method some creditors use to compel consumers to catch up on their payments. Court orders are required to implement wage garnishment, and they instruct employers to withhold a specific portion of the named employee’s paycheck. This amount is then sent to the creditor in question and applied toward the employee’s debt. Having a better understanding of wage garnishment can help you better protect yourself financially, and our experienced Columbia debt relief attorneys at Reed Law Firm, P.A., are standing by to help.
South Carolina’s Stance on Wage Garnishment
The State of South Carolina has wage-garnishment guidelines that are far more restrictive than those in many other states. These extend to not allowing most private creditors to garnish earnings.
As a result, creditors can’t pursue earnings wage garnishment for some of the most common forms of consumer debt, including credit card debt, cash advances, medical bills, and personal loans. Some medical bills can garnish wages through the SC Gear program.
The exceptions to this rule include all the following:
- Student loans
- Tax debt
- Spousal support or alimony
- Child support
If You’re Being Threatened with Wage Garnishment
It’s not unusual for debt collectors to threaten debtors with wage garnishment, which makes it important to keep your legal rights in mind. There are consumer protection laws in place, and unlawful threats, such as those made by most private creditors, can be reported to the SC Department of Consumer Affairs. A trusted debt relief lawyer can help you better assess your rights and your best options in the face of wage garnishment.
The Limitations of Wage Garnishment
In those instances when wage garnishment is allowed in South Carolina, legal limits apply. The cap for garnishment is generally set at the federal limit of 25 percent of the employee’s disposable weekly earnings. For student loans, however, this percentage is reduced to 15 percent.
The maximum wage garnishment amount for child support arrears in South Carolina follows federal limits. These caps are considerably higher than they are for other forms of debt, and they break down as follows:
- 50 percent of disposable income for those supporting another child or spouse
- 55 percent of disposable income for those supporting another family and who are more than 12 weeks behind with their support payments
- 60 percent of disposable income for those who are not supporting another spouse or child
- 65 percent of disposable income for those who are not supporting another family and who are more than 12 weeks behind in their support payments
Turn to Our Experienced Columbia Debt Relief Lawyers for the Help You Need
Our knowledgeable Columbia debt relief attorneys at Reed Law Firm, P.A., skillfully serve clients throughout South Carolina. We appreciate the stress and financial challenges associated with overwhelming debt, and we have the experience and legal insight to help you tackle it head-on. To learn more, please don’t delay reaching out by contacting us online or giving our firm a call at 803-726-4888 today.
