What Is Garnishing Wages?
At Steve Dixon Law, we often get asked about garnishing wages in Nevada. These questions come from people seeking a judgment. They also come from those worried about a judgment against them. But first things first. In order to get a wage garnishment you have to get an order from the court. This order proves that you have the right to a judgment against a creditor. Without a court order an attempt to garnish wages would essentially be considered stealing.
Also, an important thing to keep in mind is that there are different rules with garnishing wages in Nevada. For example, different types of debt might limit how much of a paycheck can be garnished.
When Can Someone Garnish Wages in Nevada?
Garnishing wages in Nevada begins with obtaining a court garnishment order. However, you likely cannot obtain the garnishment order until you get a court judgment order. This order will be signed by the Judge who will agree that a debtor owes you or your company money. Basically, a creditor has to first file a lawsuit and win in court before they can start garnishing wages. For example, if you fall behind on your mortgage or credit card payments, those companies cannot garnish your wages until the y first file a lawsuit proving how much you owe them.
Still, there are some exceptions. For example, your income wages could be garnished without a court judgment for the following:
- court ordered child support
- unpaid income taxes
- defaulted student loans.
- child support arrears.
Limitations on Garnishment in Nevada
Some limitations exist with regards to how much money can be garnished, or taken, from your paycheck. Basically, a creditor should not be allowed to take so much that you won’t be able to survive and pay for living expenses.
Certain federal laws place limits on garnishment totals. Nevada has even stricter rules on garnishment limits. As a result, in Nevada, the maximum that can be garnished from your weekly wages is the lesser of:
- twenty-five percent (25%) of your disposable earnings, or
- the amount by which your weekly disposable earnings are in excess of fifty (50) times the current Federal hourly minimum wage (while federal law only exempts weekly disposable earnings up to 30 times the minimum wage).
Keep in mind that “disposable earnings” means money in your paycheck after an employer takes out deductions required by law.
Call Steve Dixon Law Today
If you need to garnish wages, or if you need help negotiating a debt, the lawyers at Steve Dixon Law can help. We have assisted a variety of clients on both side of the coin (no pun intended). We have been successful in obtaining judgments against dilatory debtors. We have also helped dozens of people with their peace of mind by negotiating debts owed on mortgages, credit cards, car payments, etc. Don’t hesitate to call Steve Dixon Law at (702) 329-4911 to discuss your debtor or creditor needs today.