Nevada Motion for Default Judgment against Garnishee

State:
Multi-State
Control #:
US-02714BG
Format:
Word; 
Rich Text
Instant download

Description

Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

Under Nevada Revised Statute (NRS), a judgment creditor can seize goods, chattels, money, and other personal and real property. This means that a judgment may allow a creditor to garnish personal property, levy bank accounts, put liens on real property, and even initiate wage garnishment.

If you receive a notice of a wage garnishment order, you might be able to protect or "exempt" some or all of your wages by filing an exemption claim with the court or raising an objection.

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.

5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

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.

Once there is a judgment, the court has ruled you owe the money. 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.

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.

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Nevada Motion for Default Judgment against Garnishee