Start My Answer

Stop Wage Garnishment in Nevada

Dena Standley | June 14, 2023

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

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.

Avoid wage garnishment through debt settlement.

Settle with SoloSettle

Make an Offer

Nevada laws for 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.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

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.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

We have answers

Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.

Get Started

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court

Not sued yet?

Use our Debt Validation Letter.

Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.

Let's Do It

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.

"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather

Get Started