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Garnishment

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greeneyes14j

Guest
What is the name of your state? South Carolina

My husband had a judgment filed against him almost a year ago for a car that was in an impound lot that we couldn't afford to get back. Today we recieved a garnisment Summons. The summons was issued from Virginia. I have read somewhere that wage garnesments are illegal in the state of South Carolina. Is there a need to worry about his wages being garnished and if not what property are they entitled to take because of this?
 


JETX

Senior Member
"I have read somewhere that wage garnesments are illegal in the state of South Carolina."
*** Thought not 'illegal', SC does exempt 100% of wages from garnishment.

"Is there a need to worry about his wages being garnished"
*** Not as long as his employer is NOT in SC.

"and if not what property are they entitled to take because of this?"
*** Presuming that they have a judgment and that they domesticate that judgment into the SC court system, you can exempt the following property:

Homestead: Real or personal property, or co-op association, up to $5,000. Joint owners may double.

Pensions and Retirement Benefits: ERISA-qualified plans. Funds exempt for Social Security and miscellaneous state and local employee retirement systems. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Warnings: IRAs limited to payments, and not balance in plans. Also, no protection for IRAs that are established by an "insider" of the debtor. This provision could eliminate the protection otherwise offered to small business owners by SEP and SIMPLE plans.

Insurance: Life insurance for the benefit of spouse, children or dependents, if purchased more than 2 years prior to filing. Life insurance up to $4,000 on debtor's provider. Any unmatured life insurance policy other than credit life. Proceeds of life insurance or annuity contract. Fraternal society benefits. Wrongful death and bodily injury to debtor's provider.

Personal Property: One motor vehicle up to $1,200. Household furnishings and goods, clothing, appliances, books, animals, crops, musical instruments up to $2,500. Cash up to $1,000 in lieu of homestead or burial lot, Jewelry up to $500. Health aids. One burial plot, as an alternative to the homestead exemption.

Tools of Trade: Tools and implements up to $750.

Miscellaneous: Business partnership property. Alimony. Child support.

Wages: None.

Public Benefits: Unemployment compensation. Social Security. Public assistance. Crime victim's compensation.

Wild Card: None.
 
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greeneyes14j

Guest
" "Is there a need to worry about his wages being garnished"
*** Not as long as his employer is NOT in SC."

I'm a little confused on this. The base of the company that he works for is in Texas. They also do the 100% exemption of wages. But the site that he works on is in SC.
 

JETX

Senior Member
The only two states of relevance are where he works and possibly where his employer is based. Since both of those states have 100% wage exemptions, you shouldn't have a problem with that.
 

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