![]() An order for wage garnishment has been issued in another state, but has been domesticated in South Carolina and/or.Money is owed to the government (student loans or taxes that have not been paid). ![]() While many other states have statutes that permit private parties to withhold pay, South Carolina generally restricts wage garnishment to the three scenarios: Wage garnishment is extremely restricted in South Carolina. ![]() While the threat of wage garnishment is often used by creditors to force a person to pay his or her debt, in South Carolina, an employer must be presented with a lawful notice or order to withhold wages before the employer can garnish an employee’s wages. Wage garnishment, or income withholding, in South Carolina occurs when an employer withholds a portion of an employee’s paycheck to pay a debt the employee owes. Because of the added burden on employers and the potential risk to employers for wrongful garnishment, it is important to understand when an employer must garnish or withhold an employee’s wages in South Carolina. While South Carolina is a very consumer-friendly state when it comes to levying a person’s wages to collect a private debt, an employer can still be in hot water if it fails to garnish a worker’s wages pursuant to a lawful order, or can wind up in trouble if it wrongfully garnishes wages. Employers in South Carolina become concerned when they receive a notice to withhold wages from an employee’s check. As employment lawyers in South Carolina, we receive many questions about wage garnishment.
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