Judgements

[Deb Stuart]

What is the name of your state (only U.S. law)? SD Can they garnish your wages for a credit card judgement??

 

[sandyclaus]

What is the name of your state (only U.S. law)? SD Can they garnish your wages for a credit card judgement??

Yes. Although the actual amount that can potentially be exempt from garnishment is complicated, it is possible to garnish your wages to satisfy a debt. See this site for info: http://www.helpsouthdakota.com/Data/DocumentLibrary/Documents/1163176092.91/Wage Garnishment.pdf

 

[latigo]

Yes.

All earnings of the judgment debtor that are payable as compensation for personal services whether salary, wages, commissions, bonus or otherwise are subject to garnishment by an attaching judgment creditor.

However the maximum amount subject to garnishment per week may not exceed 20% of net earning for that week, or net earnings that exceed 40 times the federal minimum hourly wage. (South Dakota Codified Laws Sections 21-18-2.1 and 21-18-51)

In other words, 80% of the net weekly earnings, or an amount equivalent to 40 times the hourly minimum wage, are exempt from garnishment.

Another “however” is that the judgment debtor, or a dependent of the judgment debtor, must timely file a formal application with the court in order to claim the exemption. That procedure is set forth in Section 21-19-17.

Also the exemption “does not apply to an order of any court for the support of any person”.