A Nevada Writ of Garnishment is a legal document issued by a court or other authorized entity that allows a creditor to seize a debtor’s assets. This document can be used when a debtor fails to pay a debt or when a creditor wants to collect money from a third party, such as a bank or employer. There are two types of Nevada Writ of Garnishment: wage garnishment and non-wage garnishment. Wage garnishment involves the seizure of a debtor’s wages to pay the debt. Non-wage garnishment allows a creditor to seize other assets such as a bank account or property. Both types of garnishment require a court order and must be served to the debtor, the third party holding the property, and other necessary parties.
Nevada Writ of Garnishment
State:
Nevada
Control #:
NV-SKU-0538
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PDF
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Writ of Garnishment
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The maximum legal amount of a wage garnishment is 25 percent of the net (take home) pay. However, it is up to the employer to determine the amount of net pay to be garnished. If the defendant has a prior garnishment, does not make enough money or has a child support or IRS levy, you may not receive any funds.
A judgment remains in effect in Nevada for six years, and can be renewed forever. Executing a judgment allows a creditor to garnish your wages or attach your bank account or other property.
You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor's wages. In order to garnish wages, you must know the name and address of the employer of the person you have the judgment against.
Additionally, federal law says that the creditor can take no more than 25% of your disposable income, or the amount you earn that is greater than 30 times the federal minimum wage, whichever is less. For example, if you earn $600/week, 25% of your income is $150.
All Execution/Garnishments expire after 180 days. If for some reason your judgment is not satisfied within the 180 days, you may refile in your local court. Writ of Execution on Liens (real property) are good for 6 years.
Nevada Wage Garnishment Process A creditor must file a lawsuit against you before they can receive a judgment to garnish your wages. If you don't respond to thesummons and complaint that notify you of this lawsuit, the court will issue the creditor a default judgment.