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Can my paycheck be garnished by my creditors?

No, not by most of them. There is no wage garnishment in SC for most debt collections. However, many creditors will lie to you on the telephone and say that they are going to do this to you. That being said, there are a few types of debts owed where the creditors CAN garnish wages: child support, alimony and taxes. There may be others but the list is very short.

In NC your wages can be garnished for debts, but the procedure is somewhat cumbersome and is not often utilized. However, it cannot happen unless you work for an employer which is headquartered in a state which allows wage garnishment.  Of course your wages can be garnished for child support, alimony and taxes with the usual ease.

In SC your wonderful legislature passed a law which allows health care providers from any state in the U.S. to take your SC tax refund to pay those type debts. Thus the SC Department of Revenue is acting as a debt collection agency for health care providers at the cost of the already strapped SC taxpayers.  Thank your representative next time you see him or her.

  • Learn More About Bankruptcy

    If its time to start considering a step toward bankruptcy we're here to help. I have been helping people through the process of filing bankruptcy in South Carolina for over 20 years. We are here for you if you have questions.
  • Download Bankruptcy Guide

    This guide is full of useful information about bankruptcy. It's a large PDF so it may take a few seconds to download.
  • Can I go to Jail for not Paying my Bills?

    No, not unless you committed a crime in the creation of the debt (for example, fraud). Simply borrowing money and not being able to pay it back is not a crime. Many creditors representatives will tell you lies on the telephone and say that they will have you put in jail. Perhaps they are too ignorant to know they are wrong or that it is illegal for them even to say that. See More Bankruptcy Q&A