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Current Status Bill Number:View additional legislative information at the LPITS web site.4457 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000119 Primary Sponsor:Bowers All Sponsors:Bowers Drafted Document Number:l:\council\bills\skb\18085som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Garnishment Act, Torts, Courts, Judgments, Consumer Affairs, Consumer credit sales History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000119 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 44 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT", TO PROVIDE PROCEDURES GRANTING A PERSON WHO HAS RECOVERED A CERTAIN JUDGMENT AGAINST ANOTHER PERSON THE RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING THE SALARY OR WAGES OF THE DEBTOR TO GARNISHMENT UP TO SPECIFIED LIMITATIONS, AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 15 of the 1976 Code is amended by adding:
Section 15-44-10. This chapter may be cited as the 'South Carolina Garnishment Act'.
Section 15-44-20. (A) As used in this chapter:
(1) 'Defendant' means the judgment debtor.
(2) 'Disposable earnings' means that part of the earnings of an individual remaining after deduction from those earnings of the amount required by law to be withheld.
(3) 'Earnings' means compensation paid or payable for personal service, whether denominated as wages, salary, commission, bonus, or otherwise.
(4) 'Plaintiff' means the judgment creditor.
(5) 'Property' or 'personal property' of the debtor means that person's salary or wages.
(B)(1) Notwithstanding subsection (A) of this section, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment may not exceed the lesser of:
(a) twenty-five percent of his disposable earnings for that week; or
(b) the amount by which his disposable earnings for that week exceeds thirty times the federal minimum hourly wage prescribed by the Federal Fair Labor Standards Act of 1938 in effect at the time the earnings are payable.
(2) In the case of earnings for a period other than a week, a multiple of the federal minimum hourly wage equivalent in effect to that provided for in subitem (B)(1)(b) of this section must be used.
(C) The limitation of garnishment provided for in subsection (B) of this section applies although the plaintiff may receive a writ of garnishment in more than one garnishment case naming the same defendant. A plaintiff must not withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by subsection (B), as applicable, regardless of the number of writs.
Section 15-44-30. A person who has recovered judgment in a court against another person has a right to a writ of garnishment, as provided in this chapter, to satisfy the judgment he has obtained by subjecting the salary or wages of the judgment debtor to garnishment. No other type of personal property of the debtor is subject to garnishment.
Section 15-44-40. (A) A writ of garnishment pursuant to this chapter may issue only from actions arising under contract for services or goods provided to an individual by a business or service provider, or another individual, and not from an action in tort.
(B) If the amount of judgment is five thousand dollars or less, jurisdiction over the garnishment action is in the magistrate's court. Otherwise, jurisdiction over the garnishment action is in the circuit court.
Section 15-44-50. (A) The plaintiff may seek a writ of garnishment after he has recovered judgment against a defendant by following the procedures provided for in subsection (B) and in Section 15-44-60. The declaration may be filed and the writ may be issued before or after the return of execution.
(B) The plaintiff must serve a notice of intent to apply for a writ of garnishment on the defendant. The notice must include:
(1) a declaration stating the amount of the judgment;
(2) a statement that the plaintiff does not believe the defendant has in his possession real property on which a levy may be made which is sufficient to satisfy the judgment; and
(3) a statement that the defendant has thirty days to respond in writing to the notice and that he must serve his response on the plaintiff.
Section 15-44-60. (A) Thirty days after service of the notice, the plaintiff may file with the appropriate court the original notice, declaration, affidavit of service, any response, and a motion for writ of garnishment together with a filing fee of twenty-five dollars. If the defendant serves an answer to the notice, the court shall set the motion for hearing and notify all parties.
(B) If the defendant fails to answer as required, the plaintiff shall file with the court the original notice, declaration, affidavit of service, affidavit of default, and a motion for writ of garnishment. Upon the receipt of these papers, the court shall issue a writ of garnishment against the defendant for the amount of the judgment.
(C) The plaintiff shall forward a copy of the writ to the employer of the defendant. The writ shall provide for the periodic payments of a stated portion of the salary or wages of the defendant as provided in Section 15-44-20.
(D) Until the judgment is satisfied or until otherwise provided by court order, the court shall allow the defendant's employer to collect up to five dollars of the salary or wages of the defendant to reimburse the employer for administrative costs for the first deduction from the defendant's salary or wages and up to one dollar for each deduction after that.
(E) The employer shall remit the funds withheld to the plaintiff within fifteen days after withholding.
Section 15-44-70. Within twenty days of full payment of the amount owed, the plaintiff shall file a satisfaction of judgment with the clerk of court in each county where the judgment was filed. Failure to file shall result in a penalty of fifty dollars paid to the clerk of court by the plaintiff.
Section 15-44-80. An employer may not discharge any employee because his earnings have been subjected to garnishment, even though more than one writ of garnishment may be served upon the employer with respect to the indebtedness.
Section 15-44-90. The remedy provided by this chapter is not exclusive, but is in addition to any other collection procedures provided by the laws of this State in effect at the time this chapter takes effect. This remedy is optional with the judgment creditor.
Section 15-44-100. This chapter does not apply to garnishment for the payment of income tax or the payment of child support, which are otherwise provided for by the laws of this State."
SECTION 2. Section 37-5-104 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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