South Carolina STATE LAW
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
BAD CHECK LAW DAMAGES:
– Amount of check plus reasonable collection costs and damages up to $500 or three times check amount, whichever is smaller
tape recording
– One party state
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); worker's 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] |