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DebtState Statutes > South Carolina
Wage Garnishment and Bankruptcy Exemptions -- South Carolina
WAGE GARNISHMENT EXEMPTION:  100 percent of wages exempt

MAXIMUM INTEREST RATE:  Legal: 8.75%  Judgment: 12%

STATUTE OF LIMITATIONS ON ENFORCEMENT:

Open Account (credit card): 3 years
Written Contract: 3 years
Domestic Judgment: 10 years
Foreign Judgment: 10 years

Debt Kit has sample letters and techniques for dealing with debt collectors

BAD CHECK LAW DAMAGES:  Amount of check plus reasonable collection costs and damages up to $500 or three times check amount, whichever is smaller


BANKRUPTCY PROPERTY EXEMPTIONS (Code of Laws of South Carolina):

Can use either the federal exemptions or state exemptions below

The State of South Carolina has exempted the property and income below from seizure by the bankruptcy court to pay creditors:

Real Property:  Real property used as residence up to $5,000 [15-41-30(1)]
Personal Property:  Animals, crops, books, clothing, furnishings and household goods, appliances, musical instruments up to $2,500 total [15-41-30(3)]; burial place to $5,000 if real estate exemption is not used [15-41-30(1)]; cash to $1,000, in lieu of burial or homestead exemption [15-41-30(5)]; implements, books and tools of trade to $750 [15-41-30(6)]; jewelry to $500 [15-41-30(4)]; motor vehicle to $1,200 [15-41-30(2)]; personal injury and wrongful death recoveries, unlimited amount [15-41-30(11)(B); health aids, unlimited amount [15-41-30(9)]
Insurance / Annuities:  Disability, illness or unemployment benefits, unlimited amount [15-41-30(10)(C)]; fraternal society benefits, unlimited amount [38-37-870]; life insurance benefits if proceeds left with insurance company [38-63-40]; life insurance proceeds up to $4,000 [15-41-30(8) and 15-41-30(11)(C)]; unmatured life insurance contract, unlimited amount [15-41-30(7)]
Pensions / Retirement Plans:  Public employees, unlimited amount [9-1-1680]; judges, solicitors, unlimited amount [9-8-190]; general assembly members, unlimited amount [9-9-180]; police officers, unlimited amount [9-11-270]; firefighters, unlimited amount [9-13-230]; retirement benefits, unlimited amount [15-41-30(10)(E)]
Public Benefits / Entitlements:  Unemployment compensation, unlimited amount [15-41-30(10)(A); workers' compensation, unlimited amount [42-9-360]; crime victim's compensation, unlimited amount [15-41-301(11)(A) and 16-3-1300]; aid to aged, blind, disabled and families with dependent children, and general assistance, unlimited amount [43-5-190]; local public assistance, unlimited amount [15-41-30(10(A)]; social security, unlimited amount [15-41-30(10)(A)]; veterans' benefits, unlimited amount [15-41-30(10)(B)]
Wages:  Generally, none.  Earnings from personal service are exempt [15-39-410]
Miscellaneous:  Alimony, child support, unlimited amt. [15-41-30(10)(D)]; bus. partnership property, unlimited amt. [33-41-720]
Bankruptcy Kit illustrates how above exemptions used to complete bankruptcy forms

Debt Kit -- Settle unsecured debts for less than half of amount owed
Credit Kit -- Improve credit rating and reduce monthly payments by $200+

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Debt Collection:  Frequently Asked Questions
What are time-barred debts?
Statute of Limitations on Debt Collection
State Statutes Re: Wage Garnishments
Federal Law Regulating Wage Garnishments
How Long Can a Creditor Enforce a Judgment?
How to Handle Abusive Debt Collectors
Recording Conversations with Debt Collectors
How to Get a Collector to Stop Calling You at Home and Work
State Statutes on Debt Collection
Fair Debt Collection Practices Act
Defending yourself in court against a creditor or debt collector
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