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Bill F.
Bill F., Paralegal
Category: Legal
Satisfied Customers: 2243
Experience:  State Paralegal - 10 Years Hands on Legal Experience
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If I have a judgement against me can they garnish wages, ...

Customer Question

If I have a judgement against me can they garnish wages, seize bank accounts, or take any assests...or can they just simply place a lien on my property? This is in South Carolina on an unsecured debt.
Submitted: 8 years ago.
Category: Legal
Expert:  Bill F. replied 8 years ago.

In South Carolina they can not garnish your wages to collect the judgment. Wages are 100% exempt. They can however attach a lien on any property (and if it is not your primary residence they can try and force a sale to collect) and they can track down any bank accounts and have all funds in your accounts removed to cover their judgment.

In most cases they will first try to get what they can from any bank accounts and then the balance they will try to collect (eventually) by putting a lien on your property. The judgment would then have to be paid off (with accruing interest) when you go to sell or refinance. In South Carolina interest accrues on judgments at 12% per year.

Good luck. If you have any other related questions please let me know. If you found this answer helpful please accept so I can continue to help others like you in the future. Thank you.

 

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Customer: replied 8 years ago.
So how about personal property like a paid off car or household items? Can these be taken as well? If the money in my bank account is taken, can they do this repeatedly, or do I need to place funds in another account under my wife's name in order to pay current bills?
Expert:  Bill F. replied 8 years ago.

They can come after the car by putting a lein on it. They won't usually come after personal property like furniture, etc (boats yes). They can not touch any money that is in an account that does not have your name on it but if your name is XXXXX XXXXX account they can continue to have money taken out and have any deposits forwarded directly to them until they are paid off (once they provide proof of judgment to your banks). They can not touch any 401k's or IRA's (retirement accounts).

Take care.

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