What is the process for obtaining a garnishment order in a small claims court case?

To obtain a garnishment order in a small claims court case in South Carolina, the plaintiff must submit a written request to the court. The request must include the name and last known address of the defendant, the amount of the debt owed to the plaintiff, and an explanation of the debt. If the court finds the debt to be valid, the court will issue a garnishment order to the defendant’s employer, bank, or other source of income to garnish the defendant’s wages or other income until the debt is paid. Once the garnishment order is issued, the defendant’s employer or other source of income must send a portion of the defendant’s wages or other income to the court to be applied to the debt. The amount of the garnishment will depend on the amount of debt, but the court generally allows 10-25% of disposable income per pay period. If the defendant’s employer or other income source fails to comply with the order, the plaintiff may file a motion to enforce the garnishment. The court may then issue an order to the employer or other income source to show cause why the garnishment order should not be enforced. The employer or other income source must then appear in court to explain why they did not comply with the garnishment order. If the court finds that the employer or other income source failed to comply with the order, the court may order the employer or other income source to pay the plaintiff the amount of the debt.

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What is the process for obtaining a garnishment order in a small claims court case?

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