After a debt judgment in South Carolina: garnishment, bank levy, exemptions
What can be taken from your pay and bank account, and how to claim exempt money.
Checked against official sources: Oct 24, 2026.
Short answer
After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). A judgment is collected by a writ of execution carried out by the sheriff.
- How long it lasts
- 10 years
- Interest after the judgment
- See the rule
How long a judgment lasts in South Carolina
- Interest after the judgment
The Wall Street Journal prime rate in its first edition of each calendar year plus 4 percentage points, compounded yearly. The South Carolina Supreme Court confirms the rate by order by January 15 each year.
- How long it lasts
10 years. The creditor can have executions issued and enforce the judgment at any time within 10 years after it is entered, and the judgment is a lien on your real estate in any county where it is entered on the judgment index for 10 years from the date of the judgment. The statutes do not provide a way to renew it.
Law: S.C. Code Ann. § 34-31-20(B); §§ 15-39-20, 15-39-30, 15-35-810
Bank levies in South Carolina
A judgment is collected by a writ of execution carried out by the sheriff. No amount in a bank account is protected automatically. If you don't claim a homestead exemption, you can protect cash and liquid assets, including bank deposits, up to $7,600 (the amount set July 1, 2024; adjusted every even-numbered year).
Law: Magistrates Court Rule 17(c); S.C. Code Ann. § 15-41-30(A)(5)
Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.
Law: 31 CFR 212.5, 212.6
How much of your pay can be taken in South Carolina
Stricter than federal. Your wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement, and your employer can't fire you because a creditor tried.
Law: S.C. Code Ann. §§ 37-5-104, 37-5-106
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: South Carolina
For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.
Law: 15 U.S.C. 1673(a)
What to do now in South Carolina
Read every notice
Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.
Gather proof
Get bank statements and benefit award letters: they prove the source of the money.
Claim your exemptions
The clerk can tell you the form and the deadline.
Attend the hearing
A judge decides disputed claims; bring every paper.
Talk to legal aid
Legal aid can help for free: LawHelp.org South Carolina (South Carolina Legal Services) and South Carolina Department of Consumer Affairs.
Free legal help in South Carolina
Questions about collection after a judgment in South Carolina
How much interest does a judgment add in South Carolina?
The Wall Street Journal prime rate in its first edition of each calendar year plus 4 percentage points, compounded yearly. The South Carolina Supreme Court confirms the rate by order by January 15 each year.
How long does a judgment last in South Carolina?
10 years. The creditor can have executions issued and enforce the judgment at any time within 10 years after it is entered, and the judgment is a lien on your real estate in any county where it is entered on the judgment index for 10 years from the date of the judgment. The statutes do not provide a way to renew it.
Can a creditor take my paycheck in South Carolina?
Stricter than federal. Your wages can't be garnished for a debt from a consumer credit sale, consumer lease, consumer loan or rent-to-own agreement, and your employer can't fire you because a creditor tried.
What is a bank levy in South Carolina?
A judgment is collected by a writ of execution carried out by the sheriff. No amount in a bank account is protected automatically. If you don't claim a homestead exemption, you can protect cash and liquid assets, including bank deposits, up to $7,600 (the amount set July 1, 2024; adjusted every even-numbered year).
Keep reading about South Carolina
Sources
- S.C. Code Ann. §§ 15-41-30, 15-41-20; Magistrates Court Rule 17(c)
- S.C. Code Ann. § 34-31-20(B); §§ 15-39-20, 15-39-30, 15-35-810
- Magistrates Court Rule 6 (summons; service)
- Magistrates Court Rule 7 (answer; time for filing)
- Magistrates Court Rule 10 (failure to answer)
- Magistrates Court Rule 11 (default judgment)
- Magistrates Court Rule 12 (relief from judgment)
- Magistrates Court Rule 17 (enforcement)
- Magistrates Court Rule 24 (forms)
- SCRCP Rule 4 (process)
- SCRCP Rule 12 (answer time)
- SCRCP Rule 55 (default)
- SCRCP Rule 60 (relief from judgment)
- SC Court-Annexed ADR Rule 3
- S.C. Code § 22-3-10 (magistrate jurisdiction)
- S.C. Code § 15-35-810 (judgment lien)
- S.C. Code ch. 15-39 (execution within ten years, §§ 15-39-20, 15-39-30)
Last checked: Oct 24, 2026.