Summary
In South Carolina, creditors generally cant garnish Social Security disability benefits. Joint bank accounts can be garnished, but the portion belonging to your spouse may be protected. If you have your own account and income, a credit card company can potentially garnish your account to collect on a judgment. Creditors can garnish wages but need a court order, and the garnishment cannot exceed 25% of your disposable income. The amount of debt prompting a court order varies, but significant debt usually leads to legal action. Always consult a local attorney for specific advice.Full Conversation
South carolin
Hello Garnish, could you please clarify your legal issue in South Carolina? Are you looking for information about wage garnishment, or is it related to another type of garnishment?
I have credit cards I cannot pay I have applied for disability and am in the reconsideration phase I have no income but iam married and have a joint account with my husband can the credit card companies in South Carolina ****the joint account
In South Carolina, there are certain protections in place:
- Creditors generally can't ****Social Security disability benefits.
- If your only income is from disability, it's likely protected.
- Joint bank accounts can be garnished, but the portion belonging to your spouse may be protected. A consultation with a local attorney is advised.
The operation belonging to my spouse would be the full account as I have no income so they could not ****it
In South Carolina:
- Creditors may ****joint accounts, but the portion that belongs to your spouse might be protected.
- If the entire account is your spouse's income, it's likely protected.
For specific advice, please consult with a local attorney.
So if I had my own account and had income in South Carolina a credit card company could ****my account
Yes, in South Carolina, if you have your own account and income, a credit card company can potentially ****your account to collect on a judgment. Consult with a local attorney for advice tailored to your situation.
But the can’t ****your wages?
In South Carolina:
- Creditors can ****wages but there are limits to the amount.
- Maximum garnishment cannot exceed *% of your disposable income.
- Consult a local attorney for personalized advice.
But the law is for credit cards they cannot correct
In South Carolina:
- Generally, credit card companies can ****wages after obtaining a court order.
- The garnishment cannot exceed *% of your disposable income.
- Consult with a local attorney for more personalized advice.
What amount of credit card debt normally prompts them for a court order
The amount of credit card debt that prompts a court order can vary. Typically, if payments stop, the credit card company may choose to sue. There's no specific minimum amount but it's usually for significant debt. Always consult with a local attorney for advice.
it says in South Carolina credit card companies cannot ****wages
In South Carolina:
- Credit card companies can ****wages, but they need a court order.
- There's a misconception that they can't ****wages, but it's not accurate.
- Always consult a local attorney for clarification.
What typically approves a court order for garnishment
In South Carolina, a court order for garnishment is typically approved when:
- The creditor has filed a lawsuit against the debtor.
- The court has issued a judgment in favor of the creditor.
- The debtor has not paid the judgment.
- The creditor has requested a garnishment order.
Consult a local attorney for more specific advice.