2017 South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
CHAPTER 39 - EXECUTIONS AND JUDICIAL SALES GENERALLY
Section 15-39-420. Withholding of wages pursuant to foreign garnishment proceeding prohibited under certain circumstances.
(1) No employer in this State shall withhold any portion of the wages of any employee residing in this State as a result of any garnishment proceedings brought in any court outside of this State unless the creditor first obtains a judgment against such employee growing out of the same indebtedness for which the garnishment proceedings were instituted in a court of competent jurisdiction in South Carolina. The burden of proving the competent jurisdiction of the court shall rest upon the creditor.
(2) The provisions of this section shall not apply to any debt incurred outside the State of South Carolina by such employee nor shall there be any garnishment of earnings for personal services rendered by the employee regardless of where the debt was incurred.
(3) Any employer violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars.
HISTORY: 1962 Code Section 10-1731.1; 1967 (55) 94; 1974 (58) 2879.
