summary
Introduced
01/28/2025
01/28/2025
In Committee
01/28/2025
01/28/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Amending Section 15-39-410, Relating To Property That May Be Ordered To Be Applied Toward The Satisfaction Of A Judgment, So As To Provide That, Instead Of A Complete Exemption Of The Earnings Of A Judgment Debtor For His Personal Services, Only Seventy-five Percent Of The Earnings Of The Debtor For His Personal Services Cannot Be Applied, And That The Earnings Of The Judgment Debtor For His Personal Services To Be Withheld May Not Exceed The Limits Set Forth By The Federal Consumer Credit Protection Act.
AI Summary
This bill amends South Carolina's law regarding property that can be used to satisfy a legal judgment, specifically addressing wage garnishment. Currently, a judge can order a judgment debtor's property to be applied toward satisfying a judgment, with a key protection being that 75% of the debtor's earnings from personal services cannot be seized. The bill aligns the state's wage garnishment rules with the federal Consumer Credit Protection Act (CCPA), which sets limits on how much of an individual's wages can be withheld by creditors. By referencing the federal law's specific provisions (15 U.S.C. Section 1673), the bill ensures that South Carolina's wage garnishment rules are consistent with federal standards, providing a clear and standardized approach to protecting a significant portion of a debtor's earnings while still allowing creditors a means to recover outstanding judgments. The amendment will take effect upon the Governor's approval, potentially offering more predictable protections for workers facing legal judgments.
Committee Categories
Justice
Sponsors (2)
Last Action
Referred to Committee on Judiciary (on 01/28/2025)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0277&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/277_20250128.htm |
Loading...