South Carolina wage garnishment laws are generous compared to federal wage garnishment laws. Federal law exempts either 75% of weekly disposable earnings or up 30 times the federal minimum wage of $5.15 an hour, whichever is greater. South Carolina exempts 100% of wages from garnishment.
The wage garnishment law does not apply to student loan debt, alimony or child support payments since those are considered more important payment obligations than general creditors. Other states have wage garnishment laws but if they are less generous than federal law, then federal law applies to that particular creditor.
In South Carolina, general creditors have to go through the court before getting a wage garnishment.
With respect to bankruptcy, South Carolina has some different exemptions than federal law. For instance:
Real property (Federal: $16,150 for real property, etc. vs. South Carolina: $5,000 for residence)
Federal Law | South Carolina | |
Jewelry | $1,075.00 | $500.00 |
Motor Vehicle | $2,575.00 | $1,200.00 |
Animals, crops, books, etc. | $425 per item; up to $8,625 total | Up to $2,500 total |
Tools of the trade | $1,625.00 | $750.00 |
Burial Plots | Can be used instead of the real estate exemption | To $5,000 if the real estate exemption isn't used |
So, in general South Carolina does have different exemptions than federal law in some instances. Check the laws of each to determine what will be best for your situation.