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are you saying onle $5,000 of my commissions are protected,

 
JD 1992's Avatar
  • Answered by:JD 1992
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are you saying onle $5,000 of my commissions are protected, the rest can be garnished

 

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State/Country relating to question: South Carolina

Submitted: 331 days and 4 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  JD 1992 replied331 days and 4 hours ago.

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 exemptions
http://www.scstatehouse.gov/code/t37c005.php
http://www.scstatehouse.gov/code/t37c001.php

Non-consumer exemptions
http://www.scstatehouse.gov/code/t15c041.php

Most 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.


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Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.5 %
Accepts: 1855
Answered: 6/20/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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