South Carolina Garnishment laws & compensation compliance analysis

South Carolina Garnishment: What you need to know

A garnishment is an order of a court to an employer (the garnishee) to withhold a sum of money from an employee's earnings for payment of a debt. In South Carolina, consumer credit debt garnishments are prohibited; only garnishments for support obligations are allowed.
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Disposable earnings defined. In South Carolina, "disposable earnings" is defined as gross wages minus federal, state, and local taxes, and disability and retirement deductions.
Procedure. The employer will receive a notice from a court or support enforcement agency stating the amount to be withheld from the employee's wages. The notice will direct the employer to withhold an amount from the employee's regularly scheduled pay period that, over the period of 1 month, will equal 1 month's support obligation plus applicable fees and costs. The income withholding notice will also direct the employer to withhold an additional amount toward any arrearage and costs if needed. Withholding must begin no later than the next regularly scheduled pay period after the employer receives the notice. The amount deducted must be sent to the support enforcement agency within 7 working days of the withholding. Withholding continues until further notice from the court or agency. An employer that willfully fails to honor a support garnishment is personally liable for the amount it should have withheld (SC Rev. Stat. Sec. 63-17-1410).
Earnings. All wages, salaries, commissions, vacation pay, bonuses, workers' compensation, disability payments, and retirement benefits are subject to withholding for child support. Legally required deductions including federal, state, and local taxes; social security and other retirement deductions; and disability ...

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South Carolina Garnishment Resources

Type Title
Checklists Garnishment Checklist
Policies Garnishments policy
White Papers State Laws Becoming as Important as Federal Ones
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