What is a garnishment in civil law?

In civil law, garnishment is a civil court procedure that allows a creditor to collect what is owed by a debtor from a third party, such as a bank or employer. In South Carolina, creditors cannot take legal action to collect a debt unless they can prove that they have a legal right to it—usually by winning a court judgment. If the creditor wins a judgment, they can apply for a garnishment order from the court. A garnishment order requires the third party to turn over a portion of the debtor’s assets (usually wages or bank accounts) to the creditor, in order to satisfy the court judgment. The amount the debtor must pay is usually determined by the court—often based on the debtor’s income, the amount they owe, and the size of the debt. In most cases, the garnished amount can be as much as 25 percent of the debtor’s net income or as little as 10 percent. Garnishment can also be a powerful tool for creditors, as it can be used to collect on unpaid court judgments. Ultimately, a garnishment order is the last resort for creditors looking to collect unpaid debts, and it should only be used after all other collection methods have been exhausted.

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What is a garnishment in civil law?

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