Wage garnishment in South Carolina

🟢 Private-creditor wage garnishment is banned in South Carolina.

If a credit card company or medical debt collector is garnishing your wages here, that garnishment may be illegal. But read the bank-account warning below — your deposited wages are still vulnerable.

—no fixed debtor deadline — file as soon as possible

Private-creditor garnishment

PROHIBITED for most consumer debt. S.C. Code § 37-5-104: 'the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings' for a debt arising from a consumer credit sale, consumer lease, consumer loan, or consumer rental-purchase agreement, regardless of where made. S.C. Code § 15-39-420 bars 'any garnishment of earnings for personal services rendered by the employee regardless of where the debt was incurred.' A narrow exception allows garnishment in magistrates court for an SC-made consumer debt, limited to the magistrates-court jurisdictional maximum. Out-of-state judgments require a fresh SC judgment on the same debt. Wage garnishment still allowed for: government debt/taxes, child support, and a garnishment order entered in another state while the debtor lived there (per SC Dept. of Consumer Affairs).

How much of your pay is protected

N/A for private-consumer-creditor wage garnishment — effectively 100% of wages protected from consumer-debt garnishment under §§ 37-5-104 and 15-39-420.

Income that's off-limits

Social Security (retirement, SSDI, SSI)
Veterans' benefits
Unemployment compensation
Workers' compensation
Alimony/child support received
Tax-deferred retirement accounts (401(k), IRA)
Pensions and retirement benefits
TANF
Railroad Retirement benefits
FEMA disaster benefits
Life/health/accident insurance proceeds

How to fight: the claim of exemption

Your hearing rights

Bank accounts CAN be garnished, so a debtor whose account is frozen files a Garnishment Exemption Claim Form in the same court that issued the garnishment order (per SC court garnishment notice instructions) to claim the exempt funds; a judge decides. SC Dept. of Consumer Affairs warns to object in time or risk losing exempt benefits.

Watch out

SC's protection is on WAGES, not bank accounts — a creditor can garnish a bank account, and even exempt funds may be temporarily frozen until the exemption claim is filed (keep benefit funds uncommingled). Federal automatic protection applies to benefit funds in bank accounts.

⚠️ The bank-account loophole

In every state — including states that ban wage garnishment — once your paycheck is deposited, a creditor with a judgment can often levy your bank account instead. Wage protection and bank-account protection are different things. Our bank-account guide explains how to protect deposited funds.

Federal debts follow federal law

Child support (up to 50-65% per 15 USC 1673(b)), IRS tax levies, and federal student loan administrative garnishment (up to 15% of disposable pay) follow federal law and are NOT blocked by state protections.

Our honest guide to what can't be stopped covers your real options: hardship claims, negotiation, and payment plans.

Don't miss your deadline.

The PaycheckDefense kit gives you a copy-ready claim-of-exemption letter for South Carolina, an exemption worksheet, a hearing script, and the bank-account protection checklist — for less than one hour of a lawyer's time.

Get the $39 Defense Kit

One-time payment. Not legal advice.

Sources: www.nolo.com, www.solosuit.com, consumer.sc.gov, www.scstatehouse.gov

Verified 2026-10-11. Laws change — confirm current statutes before acting.