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First, let me take a moment to thank those of you who share your insight and wisdom in educating folks like myself in this forum. It is greatly appreciated.

 

I know that SC is a "debtor friendly," state. Meaning that I know my wages can't be garnished for consumer debt. I'm in the process of getting the money together to file my bankruptcy petition, however, I have some concerns.

 

1) Can my bank account be garnished for debt?

2) Is the no wage rule in effect even if the company is headquartered outside of South Carolina?

3) If they can garnish my bank account, do they notify me beforehand or do I just get to be surprised?

 

Thank you again. 

 

 

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7 hours ago, nanakimmy said:

I know that SC is a "debtor friendly," state. Meaning that I know my wages can't be garnished for consumer debt. . . .

 

1) Can my bank account be garnished for debt?

 

Haven't you answered your own question here?  Or are you looking to draw some distinction between "consumer debt" and other types of debt?

 

 

7 hours ago, nanakimmy said:

Is the no wage rule in effect even if the company is headquartered outside of South Carolina?

 

Yes.

 

 

7 hours ago, nanakimmy said:

If they can garnish my bank account, do they notify me beforehand or do I just get to be surprised?

 

I don't know the wage garnishment process in SC, but the answers to the above questions render this one moot.

 

P.S.  I don't know where "doucar" got his/her information, but I obviously disagree with the responses to the first two questions, and the answer to the third question doesn't make sense since it was asked in the disjunctive.

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My bad.  I didn't read carefully enough.  I saw "garnish" and assumed the OP was talking about wage garnishment (since "garnish" is the verb typically associated with wages and "levy" is the verb associated with bank accounts -- at least where I practice).  Sorry about that.

 

With the above in mind, I amend my responses to the OP's three questions:

 

1. Yes.

2. The location of the judgment creditor's headquarters has no relevance to anything.  If the judgment creditor is enforcing a judgment against an SC resident who works and has assets only in SC, then only SC law is relevant.

3. I don't know the bank levy/garnishment process in SC.  However, it is unlikely that any advance notice (beyond notice of entry of judgment) is required.  Indeed, it would be silly to give the debtor advance notice of a levy/garnishment, since the debtor could then simply empty the account to avoid the levy/garnishment.

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