Nevada Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

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.

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.

Types of Exemptions Under Nevada Laws Below are some examples of exemptions: Necessary household goods, furnishings, electronics, clothes, yard equipment, and other personal effects up to $12,000 in value. 5% of your disposable earnings or 50 times the minimum wage (currently $362.50 per week), whichever is higher.

In Nevada, you can write to the court that gave the garnishment order to exempt specific funds or property. To succeed, you must provide evidence and documentation, such as bank statements, tax returns, and receipts, to support your claim under state and federal laws.

Under Oregon Garnishment Laws, the amount they can take is usually limited to 25% of your net pay. We handle situations like this every day. They can't take your entire paycheck and they may have to give back some of the money they took from your account.

Limits on Wage Garnishment in Colorado Colorado law permits creditors to garnish the lesser of: 20% of your disposable earnings for that week, or. the amount of your disposable earnings for the week that exceeds 40 times the state or federal minimum wage.

If you already have a judgment, then Nevada law provides legal remedies to obtain assets from a debtor who is unwilling to voluntarily pay. These remedies include bank and wage garnishments. You can also obtain a court order for the judgment debtor to appear for an examination under oath to list assets.

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Nevada Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee