Your question was cut off after "Are you fami..."
But I believe that you meant to state am I familiar with SC.
Understand that judgment, and enforcing a judgment are two different things.
Just because a judgment may be not enforceable by garnishment does not mean that someone cannot get judgment. They can always SUE - they may simply not be able to enforce it.
South Carolina does indeed afford a lot of protection against creditor judgments. Under SECTION 37-5-104
, it states:
"With respect to a debt arising from a consumer credit sale, a consumer lease, a consumer loan, or a consumer rental-purchase agreement, regardless of where made, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings."
However, this leaves plenty of caveats. Garnishment is only denied to judgment arising from consumer credit sale, a consumer loan, or a consumer rental-purchase agreement. If there is a SHORT SALE, this short sale deficiency judgment
may still arguably be garnishable. With a foreclosure judgment deficiency
, not so much, and her wages may be exempt.
This is because a short sale is arguably NOT a consumer credit sale, a consumer loan, or a consumer rental-purchase agreement situation anymore. Wherein, a foreclosure can be.
Keep in mind, this is not an objective matter, and law is subjective.
I am not sire what material you are reviewing, but lenders in SC do
have the ability to pursue deficiency. S.C. Code Ann. §29-3-660
ALTERNATIVES TO GARNISHMENT
Finally, note that even without garnishment, a judgment creditor can enforce judgment other ways, such as:
1) levy of a bank account;
2) attachment and sale of non-exempt property
But, much is exempt from these actions:Personal property which may be exempt may include the debtor's interest in one motor vehicle not to exceed $1,200 in value; household furnishings, household goods, wearing apparel, appliances, books, animals, crops, or musical instruments, that are held primarily for the personal, family, or household use, not to exceed $2,500 in aggregate value; jewelry not to exceed $500 in aggregate value; cash and other liquid assets to the extent of a value not exceeding $1,000 except that this exemption is available only to an individual who does not claim a homestead exemption; implements, professional books, or tools of the trade not to exceed $750 in aggregate value; any unmatured life insurance contract owned by the debtor, other than a credit life insurance contract; professionally prescribed health aids; social security benefits, unemployment compensation, public assistance benefit, veteran's benefit, disability, illness or unemployment benefit, alimony, support or separate maintenance; a payment under a qualified stock bonus, pension, profit sharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, property that is traceable to award under a crime victim's reparation law, a payment on account of the bodily injury of the debtor or of the wrongful death or bodily injury of another individual of whom the debtor was or is a dependent and a payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of that individual's death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. (15-41-30(2).)
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