How much of my wages can be garnished in South Carolina?

Question

Accepted Answer

South Carolina is one of four states (with TX, PA, NC) that broadly bars private creditor wage garnishment.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week). States may impose stricter limits.

2. South Carolina Rule

S.C. Code § 37-5-104 of the Consumer Protection Code prohibits garnishment of wages to collect a debt arising from a consumer credit transaction. South Carolina case law (e.g., Coleman v. Sopher and the long-standing rule from constitutional debate) and S.C. Code § 15-39-410 (limiting attachment of earnings) effectively bar most ordinary creditor wage garnishment. Permitted categories:

Child and spousal support (S.C. Code § 63-17-1410);

State and federal taxes;

Federal student loans and federally guaranteed debts;

Court-ordered restitution.

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and § 63-17-1410.

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: S.C. Code § 12-54-130 — Department of Revenue wage levy.

4. Head-of-Household Exemption

Not needed — wages are protected from ordinary creditors regardless of household status.

5. Process (Permitted Garnishments)

For state tax, SCDOR issues a notice of levy directly. For support, family court issues income withholding. For federal debts, the federal agency follows its own administrative process.

6. Multiple Garnishments

Support orders have priority; federal tax levies follow.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment. S.C. Code § 41-1-80 provides broader anti-retaliation protections in employment.

8. Bank Garnishment vs Wage Garnishment

Bank account garnishment by judgment creditors IS permitted in South Carolina, via execution under S.C. Code § 15-39-310. § 15-41-30 exempts $6,325 cash/wildcard (single filer; adjusted periodically) plus federal benefit protections under 31 C.F.R. Part 212.

This is legal information, not legal advice.