South Carolina Procedural Requirements for Wage Garnishment

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South Carolina Procedural Requirements

An execution must be directed to the sheriff, must be attested by the clerk, subscribed by the party issuing it and must intelligibly refer to the judgment, Statuteing the court, the county in which the judgment roll or transcript is filed, the names of the parties, the amount of the judgment if it be for money, the amount actually due thereon and the time of docketing in the county to which the execution is issued. S.C. Code Ann. _ 153980.

After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person or corporation has property of such judgment debtor or is indebted to him in any amount exceeding ten dollars, the judge may by an order require such person or corporation, or any officer or member thereof, to appear at a specified time and place and answer concerning such property or indebtedness. The judge may also, in his discretion, require notice of such proceeding to be given to any party to the action in such manner as may seem to him proper. S.C. Code Ann. _ 1539350.

The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied. S.C. Code Ann. _ 1539410.

The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. S.C. Code Ann. _ 1539440.

Interest Rate at which Judgments Accrue Accrue

All money decrees and judgments of courts enrolled or entered shall draw interest according to law. The legal interest shall be at the rate of fourteen percent per annum. S.C. Code Ann. _ 34 3120.