I have a judgement against me can my wages be garnished?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.