are you saying onle $5,000 of my commissions are protected, the rest can be garnished
State/Country relating to question: South Carolina
Correct. The statute specifically states that if no homestead exemption is claimed then a person can claim up to a $5000 exemption on liquid assets if it is a non-consumer based loan. There is no limit if it had been a consumer based loan.The following statutes are what control the exemptions in SC:Consumer exemptionshttp://www.scstatehouse.gov/code/t37c005.phphttp://www.scstatehouse.gov/code/t37c001.phpNon-consumer exemptionshttp://www.scstatehouse.gov/code/t15c041.phpMost people don't understand that there are two exemptions, consumer and non-consumer.The only other ways to avoid it is through a corporate entity or through a bankruptcy.If you would like any additional information or have more questions please don’t hesitate to ask! Please DO NOT use the rating system to ask for more information as it gives a NEGATIVE rating if you answer either “Helped a Little” or “I Expected More”.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked and would ask that you issue a positive rating on what has been done so far of either of “Got the Job Done”, “Informative and Helpful” or “Great Job”. Even after you issue the rating you can still ask for additional information, but the rating system allows us to judge how we are doing and a rating of "Helped a little" or "I expected more" is considered to be a negative rating on my ability, so I’d ask you to issue a rating of “Got the Job Done”, “Informative and Helpful” or “Great Job”, even if you have additional questions.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Began practicing in 1992 and handled many cases and trials for consumers
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