Wages being garnished in South Carolina: what to do

Get copies of the garnishment papers from your employer or the court: the order, the notice to you, and any exemption claim form.

Why: These papers show the creditor, the court, the case number and your deadline to object.

Find the deadline to file a claim of exemption or objection (often 10 to 20 days from the notice) and mark it.

Why: If you miss it, the garnishment usually continues until the debt is paid.

If you answered “Credit card, medical, personal loan or other private debt” to “What is the garnishment for?”

Check that your employer is taking no more than the federal limit and your state limit (below).

Why: Employers sometimes withhold too much; you can ask them and the court to correct it.

If you answered “Federal student loan” to “What is the garnishment for?”

For a federal student loan garnishment, see the student-loan plan.

Why: The Education Department can garnish up to 15% of disposable pay without a court order, and the steps to stop it are different.

If you answered “Child support or alimony / Taxes” to “What is the garnishment for?”

For child support or tax garnishment, contact the agency named on the notice (your state child support agency, the IRS or your state tax agency).

Why: The usual limits don't apply to support and tax orders; the agency handles questions and changes.

If you answered “Credit card, medical, personal loan or other private debt” to “What is the garnishment for?”

File the claim of exemption (or the hardship form your state uses) with the court or sheriff named on the papers.

Why: You can ask to keep more of your pay if you need it to support yourself or your family; some states protect more for heads of household.

If you answered “No” to “After the garnishment, can you pay for basic needs like rent, food and utilities?”

If you can't cover rent, food or utilities after the garnishment, contact legal aid right away and say so on your exemption claim.

Why: Hardship is the main reason courts protect more pay, and the deadline is short.

If you answered “No” to “Did you know about a court case or judgment before the garnishment started?”

Look up the case. If you were never served with the lawsuit, ask the clerk and legal aid about setting aside the judgment.

Why: A judgment obtained without proper notice can sometimes be reopened.

Contact the creditor's lawyer to propose a voluntary payment plan in exchange for releasing the garnishment.

Why: Some creditors agree to a smaller monthly payment to avoid ongoing paperwork.

Keep pay stubs to track every amount taken, and ask for a payoff statement.

Why: So you know when the judgment is paid and the garnishment must end.

If you answered “No” to “After the garnishment, can you pay for basic needs like rent, food and utilities?”

If garnishment leaves you unable to pay basic bills, or you have several judgments, ask about bankruptcy.

Why: A bankruptcy filing generally stops wage garnishment for most debts while the case is open.

Your employer can't fire you because of one garnishment.

Why: Federal law bans firing an employee because their pay is garnished for any one debt.