South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

S. 128

STATUS INFORMATION

General Bill
Sponsors: Senator Massey
Document Path: l:\s-res\asm\006judg.sp.asm.docx

Introduced in the Senate on January 8, 2019
Currently residing in the Senate Committee on Judiciary

Summary: Property that may be applied to satisfy a judgment

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2018  Senate  Prefiled
  12/12/2018  Senate  Referred to Committee on Judiciary
    1/8/2019  Senate  Introduced and read first time (Senate Journal-page 98)
    1/8/2019  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 98)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/12/2018

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 15-39-410 OF THE 1976 CODE, RELATING TO PROPERTY THAT MAY BE ORDERED TO BE APPLIED TOWARD THE SATISFACTION OF A JUDGMENT, TO PROVIDE, INSTEAD OF A COMPLETE EXEMPTION OF THE EARNINGS OF A JUDGMENT DEBTOR FOR HIS PERSONAL SERVICES, THAT 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.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-39-410 of the 1976 Code is amended to read:

"Section 15-39-410.    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 seventy-five percent of the earnings of the debtor for his personal services cannot be so applied, and 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, 15 U.S.C. Section 1673."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on January 18, 2019 at 11:34 AM