Judgments SC? Can they garnish bank accounts? Non-bankruptcy exemption
Date: Wed, 06/03/2009 - 16:56
Sorry - originally posted this under wrong topic!
I know that a judgement cannot garnish wages in SC but what happens when your company only allows for direct deposit? My wages have to hit a bank account before we can withdraw and do MO to pay out expenses. Am I screwed all the way around? I don't have any assets except a car.
BTW, what are the non-bankruptcy exemptions for judgement? Car value, money in account?
Help!! :shock:
Yes, the creditor can garnish your bank account in SC and so you
Yes, the creditor can garnish your bank account in SC and so you should inform the bank that the money that gets credited in your bank account is your wage, so that they do not allow garnishment of the money.
They would basically fill out a form requesting the judge to all
They would basically fill out a form requesting the judge to allow a lien or an attachment of property. It is called a Writ of Execution. SOL for judgments is 10 years in SC so you may want to take care of this one.
Thanks
So, wages that hit bank account are not subject to garnishment at all in SC? My only income is my wage and I have to live on it.
Also, re. attachment of property? My car is paid and worth about 14k right now. Are there exemptions in SC to cover this - we do not have a home. Do these exemptions follow the same as bankruptcy and is there anything we do to file these exemptions?
Thanks again!
http://www.scstatehouse.gov/CODE/t15c041.htm See Sec 15-41-30
http://www.scstatehouse.gov/CODE/t15c041.htm
See Sec 15-41-30 for exemptions
I am afraid of that one...
I could transfer the title to my Mom? But, that would be fraud, wouldn't it? BTW, I do not have a judgement yet - just preparing in case it happens. I am just starting down this road and have only been late by a few days now.
Thanks again for your help!
They would see that as you concealing assets. Not a good thing
They would see that as you concealing assets. Not a good thing to do.
Don't want to do that!
Thanks! Do you also happen to know if DMP's go over 5 years? That might be an option for us but I need more like 6-7 years at good interest rate to make ends meet.