Bill Text: SC S0143 | 2021-2022 | 124th General Assembly | Introduced
Bill Title: Property that may be applied to satisfy a judgement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-12 - Referred to Committee on Judiciary [S0143 Detail]
Download: South_Carolina-2021-S0143-Introduced.html
A BILL
TO AMEND SECTION 15-39-410 OF THE 1976 CODE, RELATING TO PROPERTY THAT MAY BE ORDERED TO BE APPLIED TOWARD THE SATISFACTION OF A JUDGMENT, TO PROVIDE THAT, INSTEAD OF A COMPLETE EXEMPTION OF THE EARNINGS OF A JUDGMENT DEBTOR FOR HIS PERSONAL SERVICES, ONLY SEVENTY-FIVE PERCENT OF THE EARNINGS OF THE DEBTOR FOR HIS PERSONAL SERVICES CANNOT BE APPLIED, AND THAT THE EARNINGS OF THE JUDGMENT DEBTOR FOR HIS PERSONAL SERVICES TO BE WITHHELD MAY NOT EXCEED THE LIMITS SET FORTH BY THE FEDERAL CONSUMER CREDIT PROTECTION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-39-410 of the 1976 Code is amended to read:
"Section 15-39-410. The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that seventy-five percent of the earnings of the debtor for his personal services cannot be so applied, and the earnings of the judgment debtor for his personal services to be withheld may not exceed the limits set forth by the Federal Consumer Credit Protection Act, 15 U.S.C. Section 1673."
SECTION 2. This act takes effect upon approval by the Governor.
