Skip to main content

Can my wages be garnished in South Carolina for federal restitution in a criminal case?

Columbia, SC |

I am off of probation since 2009 and they are starting to send me demands for payment. Do I have to worry about them garnishing my wages? Doesn't this amount become a federal civil matter now?

Attorney Answers 2

Posted

Yes. Restitution can be collected by the Government after your sentence expires as any other civil judgment, but it is not necessary for the Government to initiate a separate legal action (18 USC Section 3613).

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

Mark as helpful

Posted

If the Federal Government obtains an ordinary civil judgment, wages cannot be garnished in South Carolina. Wage garnishment is not available in South Carolina to collect civil judgments. However, there are some debts for which garnishment is available, such as child support obligations and federal taxes. I do not know if the debt associated with you criminal case provides for wage garnishment or if it would result in a civil judgment.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics