I have a judgement against me can my wages be garnished?

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I have a judgement against me can my wages be garnished?

I had a judgement placed against me 3 years ago. I was threatened yesterday that my disposable wages would be garnished. Can this happen? I’m a single mom who lost everything when my children’s father left us. I did not have the money to file for bankruptcy. I have been haunted by this for 6 years now. The money I make now keeps a roof over my family’s head and now that may be taken too.

Asked on June 23, 2011 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From your question, it appears that you live in South  Carolina. If you so, you may be in luck: South Carolina is one of only four states which does not generally allow wage garnishment. It appears that in South Carolina, only certain government debts (e.g. taxes; student loans) and child support may result in wage garnishment. Therefore, if the money you owe is not for one of those reasons, it should be the case that your wages may not be garnished.

In addition, you should know that garnishment, even when allowed, has certain minimums; that is, your wages can only be garnished to the extent they exceed a minimum level, which I believe, is equal to 30 times the minimum wage. Wages under that threshhold are protected.


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