Summary: According to NV Rev Stat § 31.295, creditors can garnish up to 25% of a debtor's disposable earnings in Nevada, but it limits the amount garnished based on the debtor's income level. If your wages are being garnished in Nevada, you can object to the garnishment or file a claim of exemption to stop it. Alternatively, you can avoid wage garnishment entirely through debt settlement with the help of SoloSettle.
Wage garnishment can be a stressful and overwhelming experience for anyone who is already struggling with debt. In Nevada, creditors can garnish up to 25% of a debtor's disposable income, making it difficult for some debtors to make ends meet.
Fortunately, legal protections are available to help debtors stop or reduce a wage garnishment. These protections include objecting to wage garnishment, filing a claim of exemption, negotiating with the creditor, or filing for bankruptcy.
Each option has its benefits and consequences, and it's essential to understand the eligibility requirements and legal procedures involved. In this article, SoloSuit will explain these options to help you make an informed decision. But first, it's essential to understand Nevada laws regarding wage garnishment.
In Nevada, federal and state law (NV Rev Stat § 31) limits wage garnishment. For instance, NV Rev Stat § 31.295. The federal law sets the maximum amount that can be garnished, while the state law provides additional protections for debtors. The following are some laws that govern wage garnishment.
Limit for garnishment: In NV Rev Stat § 31.295 of the law, creditors can garnish up to 25% of a debtor's disposable earnings, but it limits the amount garnished based on the debtor's income level. For instance, if you earn less than $770, the creditor can only garnish 18%.
Earnings and disposable income: Nevada law states that earnings are any money your employer pays you for services. Hence, earnings subject to wage garnishment by the state include hourly wages, overtime pay, salaries, commissions, bonus, sick pay, and vacation pay.
Withholdings before wage garnishment: The legal deduction allowed before wage garnishment include social security, medicare, and federal, state, and local income tax. Voluntary deductions such as life and health insurance are not considered withholdings for calculating disposable income (NV Rev Stat § 31.296).
Exemptions: Nevada law provides exemptions from wage garnishment for certain income types, such as public assistance, unemployment benefits, and workers' compensation benefits, and situations where the garnishment will create extreme financial hardship.
Notice from creditors: Nevada law states that creditors must notify a debtor of the impending garnishment and their rights to claim exemptions. Respond to this notice with the help of SoloSuit. Further, wage garnishment orders in Nevada expire after 90 days. Creditors must obtain a new order if they wish to continue the garnishment.
Did you know you can settle your debt with the debt collector before they take you to court? Prevent wage garnishment from happening through debt settlement. Watch the following video to learn more:
Object to the wage garnishment
Once the debt collector finalizes the garnishment process, you will receive a garnishment order and a wage garnishment notice from your employer. If you believe you have a fighting chance, file an objection to garnishment and request a formal hearing. The following are examples of objections you can use:
The debt collector did not follow the right procedure: For instance, if he fails to send the notice in good time.
The debt collector wants to garnish excess money: Raise this as an objection if the quoted amount exceeds 25% or is more than 30 times the federal minimum wage and 50 times Nevada’s minimum wage ($10.50 per hour).
You cleared the debt: In some situations, you may have had valid reasons for not appearing in court, yet you cleared your debt, and the creditor received a default judgment that led to wage garnishment.
Challenge the previous judgment: You can file a motion to vacate the debt collection judgment if you believe the creditor did not properly serve you with the notice of the lawsuit or there were other procedural irregularities in the case.
Let's illustrate using an example.
Example: John has a long-standing credit card debt of $10,000 with Discovery Bank. The creditor files a lawsuit and obtains a favorable judgment, and the court allows them to garnish his wages. John earns $2,000 after taxes and other deductions. Under federal law, DB can only garnish up to $500 from his income, 25% of his salary. He can object to the garnishment if the order comes with a $700 figure for the deduction.
File a claim of exemption
You can formally request the court to protect a portion or all of your wages from being garnished by filing a claim for exemption. 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 you file the claim, the court will set a hearing date, and you will have an opportunity to support your claim. Afterward, the judge will decide whether to reduce or eliminate the garnishment amount.
Negotiate with the creditor
Although it may be a challenge to negotiate with a creditor after receiving a legal right to garnish your wages, it is still an option you can explore. Some debt collectors may be willing to negotiate a payment plan and settle for a lesser amount.
The catch is that you must promise to pay the debt within the shortest possible time. To avoid the creditor from taking advantage of your situation, use SoloSettle to negotiate a debt settlement plan. SoloSettle’s software monitors the negotiation process until an agreement is reached, helps you manage the settlement agreement documentation, and protects your sensitive financial information.
File for bankruptcy (last resort)
Filing for bankruptcy for any debtor undergoing garnishment should be the last option to consider. That said, you can use it if you have no means to manage the garnishment and meet your basic needs.
When you file for bankruptcy in Nevada, an automatic stay goes into effect, stopping most creditors from attempting to collect on debts, including wage garnishment. Under Chapter 7 bankruptcy, the court liquidates your non-exempt assets to pay off your debt and discharges any remaining amount.
Under Chapter 13 bankruptcy, you enter into a repayment plan for three to five years, preventing creditors from attempting to collect on the debts covered by the program. The court discharges any remaining eligible debts at the end of the repayment period.
Let SoloSuit help you
Solosuit can help you get answers to questions on debt and wage garnishment. We also have documents that can help you manage your debt before your wages are garnished. Visit our page today and get the help you need.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
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