What is a wage garnishment?
A wage garnishment is a court-ordered deduction from a person’s wages, usually for the purpose of collecting a debt. In South Carolina, a creditor is authorized to garnish a debtor’s wages if the creditor obtains a court order. This court order is known as a writ of garnishment. A writ of garnishment requires the debtor’s employer to deduct a specific amount of wages from each paycheck and send the money to the creditor. This amount is known as the “garnished wages.” Even if the debtor has multiple creditors, only one writ of garnishment may be issued at once. In South Carolina, there are limits on the amount of garnished wages a creditor may obtain. According to the collection defense law, a creditor may not garnish any more than 25% of an employee’s wages. For example, if an employee makes a gross paycheck of $1000, the creditor may only garnish up to $250. Additionally, certain types of income may be exempt from garnishment. South Carolina’s collection defense law states that a creditor may not garnish any federal or state income tax refunds, public assistance, Social Security benefits, unemployment benefits, child support, alimony, or disability payments. Although garnishing a debtor’s wages is a legal option for creditors in South Carolina, it is not an easy one. A creditor must obtain a court order of garnishment, and there are limits on how much of a debtor’s wages can be taken. Additionally, some types of income are exempt from garnishment.
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