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.

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 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.

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)).

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