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Wage garnishment and exemptions in South Carolina

In South Carolina, wages generally can't be garnished for ordinary consumer debts. Plus what a creditor can't touch in your bank account and what property you keep.

Checked against official sources: Oct 24, 2026

Short answer

South Carolina protects your pay more than federal law does. Stricter than federal: wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement (S.C. Code Ann. § 37-5-104). SCDCA says the exceptions are money owed to the government, child support, and a garnishment ordered in another state while you lived there. In a bank account: If you don't claim a homestead exemption, you can protect cash and other liquid assets, including bank deposits, up to $7,600 (amount set on July 1, 2024; the law calls for a new inflation adjustment on July 1, 2026, which may change it) (S.C. Code Ann. § 15-41-30(A)(5), (B)).

Wage limit
Not for most consumer debts
Federal benefits in a bank account
Up to 2 months protected
Law
S.C. Code Ann. §§ 37-5-104, 37-5-106, 15-41-30(A)(5)

How much can they take from your paycheck in South Carolina?

Credit cards, medical bills and other ordinary debts, once a creditor has a judgment.

Pay after taxes and other deductions the law requires, before voluntary ones such as a 401(k).

Enter your take-home payThe most a creditor can take appears here.

An estimate, not legal advice.

Deadline and form to protect your money in South Carolina

The papers from the court, your employer or your bank list the deadline to claim an exemption. Ask the court how to file the claim: South Carolina court self-help (official).

Pay or bank account being taken? Claim an exemption →Get the exemption claim letter →

in the Debt lawsuits section

How much of your pay can be garnished in South Carolina

Wage limit
Stricter than federal: wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement (S.C. Code Ann. § 37-5-104). SCDCA says the exceptions are money owed to the government, child support, and a garnishment ordered in another state while you lived there. An employer may not fire you because a creditor tried to garnish your wages for such a debt (§ 37-5-106).
Law
S.C. Code Ann. §§ 37-5-104, 37-5-106, 15-41-30(A)(5)

Few states protect pay this much: 4 of the 48 we cover, South Carolina included.

In nearby states

Good to know in South Carolina

  • South Carolina is one of the few states where consumer debts like credit cards can't be collected through wage garnishment (S.C. Code Ann. § 37-5-104; SCDCA guide).
  • Your wages can't be garnished for a consumer credit sale, consumer loan, consumer lease or rent-to-own debt (§ 37-5-104).
  • The exemption dollar amounts in § 15-41-30 were adjusted for inflation on July 1, 2024.

What creditors can't take in South Carolina

  • Amounts in effect from July 1, 2024: homestead up to $76,125 per owner ($152,250 total per home); one motor vehicle up to $7,600; household goods up to $6,100 (S.C. Code Ann. § 15-41-30(A); U.S. Bankruptcy Court, D.S.C. notice).
  • The law adjusts these every even-numbered year, so new amounts were due July 1, 2026 (§ 15-41-30(B)); check the current figures.

What South Carolina protects in a bank account

If you don't claim a homestead exemption, you can protect cash and other liquid assets, including bank deposits, up to $7,600 (amount set on July 1, 2024; the law calls for a new inflation adjustment on July 1, 2026, which may change it) (S.C. Code Ann. § 15-41-30(A)(5), (B)). There is no automatic bank-account protection.

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). Read the debt lawsuit guide.

When the debt is support, a student loan or taxes

  • Child support: up to 50% of disposable earnings if you support another spouse or child, or 60% if you don't; 5% more if the support is more than 12 weeks late (15 U.S.C. 1673(b)).
  • Federal student loans: the government can take up to 15% of disposable pay without suing you, but must mail you notice at least 30 days first (20 U.S.C. 1095a).
  • Other debts owed to a federal agency: up to 15% of disposable pay, and never below the federal 30-times-minimum-wage floor (31 CFR 285.11).
  • Federal taxes: an IRS levy leaves you an exempt amount based on your standard deduction and dependents; return the Statement of Dependents and Filing Status your employer gives you within 3 days (26 U.S.C. 6334(a)(9), (d); IRS wage levy rules).

No garnishment without a judgment in South Carolina

If you don't answer within 30 days, the court can enter a default judgment against you.

Answer the lawsuit by the deadline. In South Carolina: 30 days after you receive the complaint. In Magistrates Court (claims of $7,500 or less, S.C. Code Ann. § 22-3-10) you can answer in writing or in person (Magistrates Rule 7(b)).

Got court papers? Count your answer deadline →

in the Debt lawsuits section

What to do if you are sued in South Carolina

Protecting your pay and property in South Carolina

  1. Keep every paper

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Apply South Carolina's wage rule

    South Carolina's wage rule: Stricter than federal: wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement (S.C. Code Ann. § 37-5-104).

  3. Protect your bank money

    South Carolina also protects money in an account: If you don't claim a homestead exemption, you can protect cash and other liquid assets, including bank deposits, up to $7,600 (amount set on July 1, 2024; the law calls for a new inflation adjustment on July 1, 2026, which may change it) (S.C. Code Ann. § 15-41-30(A)(5), (B)). Federal benefits paid by direct deposit are protected too (31 CFR 212.6).

  4. Ask the court to protect your money

    Get the exemption claim form from the clerk and file it in time. Start with South Carolina court self-help (official).

Questions about garnishment in South Carolina

Can a creditor take my wages in South Carolina, and how much?

Stricter than federal: wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement (S.C. Code Ann. § 37-5-104). SCDCA says the exceptions are money owed to the government, child support, and a garnishment ordered in another state while you lived there. An employer may not fire you because a creditor tried to garnish your wages for such a debt (§ 37-5-106).

Is money in my bank account protected in South Carolina?

If you don't claim a homestead exemption, you can protect cash and other liquid assets, including bank deposits, up to $7,600 (amount set on July 1, 2024; the law calls for a new inflation adjustment on July 1, 2026, which may change it) (S.C. Code Ann. § 15-41-30(A)(5), (B)). There is no automatic bank-account protection.

Can a creditor take my home or car in South Carolina?

Amounts in effect from July 1, 2024: homestead up to $76,125 per owner ($152,250 total per home); one motor vehicle up to $7,600; household goods up to $6,100 (S.C. Code Ann. § 15-41-30(A); U.S. Bankruptcy Court, D.S.C. notice). The law adjusts these every even-numbered year, so new amounts were due July 1, 2026 (§ 15-41-30(B)); check the current figures.

Can a collector take Social Security from my bank account in South Carolina?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). If you don't claim a homestead exemption, you can protect cash and other liquid assets, including bank deposits, up to $7,600 (amount set on July 1, 2024; the law calls for a new inflation adjustment on July 1, 2026, which may change it) (S.C. Code Ann. § 15-41-30(A)(5), (B)).

Keep reading about South Carolina

Wage garnishment in nearby states

Sources and last check

Sources

Last checked: Oct 24, 2026.

Federal sources