Stopping Wage Garnishment in South Carolina

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All too often, debtors may be faced with the potential of having a judgment filed against them that may result in a wage garnishment.  In some instances, a debt settlement plan that is negotiated with creditors may prevent this from occurring. In South Carolina, a debtor cannot have their wages garnished per state regulation SCCLA 37 -5-104 except in very specific instances.

  • Child support orders - South Carolina employees who fail to make court-ordered child support payments may have their wages garnished. In order for this garnishment to take place however, the federal laws may need to be examined to ensure they follow guidelines;
  • Student loan payments - South Carolina employees may be subject to wage garnishment in the event that they have outstanding student loans.  The restrictions that are applied via federal statutes apply for student loan payments;
  • Alimony payments - Spousal support orders may also be obtained by a wage garnishment. The priority of all garnishment orders are determined by the courts and not by the employer or employee.

It is critical that South Carolina employees understand that they cannot have their wages garnished for consumer debt obligations.  In the event that a creditor suggests that they will attempt to garnish wages for consumer debt the debt should immediate contact a debt settlement lawyer. 

Employees who have had to file bankruptcy may also have their wages garnished in certain instances, though it is likely that a qualified debt settlement lawyer may be able to guide the debtor and eliminate need for filing provided that a reasonable debt settlement plan is put into place with the creditor.

Legal Assistance is Available

Protecting a debtors paycheck and protecting a families financial status is crucial.  A debt settlement attorney may be able to stop wage garnishment and help protect your financial future.  Immediately upon receiving notification of a pending judgment, contact a debt settlement attorney to find out how to stop wage garnishment in South Carolina.

This article is provided for informational purposes only. If you need legal advice or representation,
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