Wage Garnishment and Writ of Execution
(Disclaimer: Some of the information is taken from Clark County Courts. Also, please contact a licensed attorney for all legal questions. Reading this article would not create an attorney/client relationship.)
We have extensively dealt in other articles about Nevada garnishment and how to deal with them. We get lots of calls based on this article. We are suggesting review that article one more time, and read this article only after giving a careful reading to that article because both these articles are inter connected. Today, we are going to discuss what is a Writ of Execution. Still you have questions, call our office at (702) 270-9100. Of course, we prefer you to send us email, as it is more convenient for us to answer via the email. Our email address is: Malik@lasvegaslawgroup.com or visit our websites at http://www.fastbankruptcynevada.com.
What is a Writ of Execution?
Winning a judgment is not the end of the road. Even though one gets a judgment, still he/she is not able to see the money. One has to execute the judgment into a writ of execution. When a Defendant does not voluntarily pay a Small Claim Judgment, the Plaintiff may file a Writ of Execution to collect the Judgment. The simple question is how the judgment creditor (the one who has judgment against you) would like to get hold of your money either from your bank or in the form of garnishment of wages. There may be other ways, and this process is called execution and if they are successful, the whole thing would be considered satisfaction. Now, these are legal words. A satisfaction means translation of the write of execution into money or other kinds of payments.
A Writ of Execution is a Court Order by which the Court authorizes a Constable or Sheriff to collect money or property belonging to the Judgment Debtor (Defendant) so that the Judgment awarded to the Plaintiff may be paid (or satisfied). This attempt to collect the Judgment is called a levy. In the Las Vegas Township, all Executions are now processed by the Las Vegas Township Constable’s Office. You might have heard the latest controversy about the Constable Office, (not the one about the constable drunk driving, but about their areas of jurisdiction, please do not be so judgmental here, they already denied they were little bit off, but legally drunk).
The judgment creditor will provide information needed to prepare and file Writs of Execution and Garnishment to collect a Judgment. Because Writs are financial documents, they MUST be typed and not handwritten. This is because banks and employers will not accept financial documents unless they are easy to read. A Writ of Execution may be filed to seek collection the Judgment Debtor earnings (wages), bank accounts, business income, property, or other items. There are to be no alterations, no white-out, etc. made on the Writ of Execution form.
What are the Execution Costs?
The costs of the Writ is to be incurred by the Plaintiff which are added to the amount of the levy.
To E-File (electronically file) your execution, complete a WRIT OF EXECUTION and NOTICE OF EXECUTION AFTER JUDGMENT. You should also complete the INSTRUCTIONS TO THE CONSTABLE (LVJC-25) and if necessary, also complete a WRIT OF GARNISHMENT (LVJC-3) BUT IS NOT TO BE E-FILED with the Justice Court Clerk’s Office. The INSTRUCTIONS TO THE CONSTABLE (LVJC-25) and if necessary, the WRIT OF GARNISHMENT (LVJC-3) are to be presented to the Constable’s Office after the E-Filed Writ of Execution has been received by you. These documents MUST be typed, signed, and electronically filed (E-Filing) to the Las Vegas Township Justice Court. Documents not completed using this format will be refused. See E-Filing for additional information and instructions.
What is Execution Filing?
Executions in Civil cases may be filed upon earnings (wages), business income, bank accounts, automobiles, homes, property, etc. as follows. For Small Claims cases, the Submitter may only submit one Writ of Execution until the previous Execution has been returned from the Constable or has expired. The Writ of Garnishment Form is used when attaching (seeking to collect) wages or money from bank accounts.
EARNINGS (WAGES) – The name and address of the employer must be known. If possible, the last four digits of the Social Security Number of the person whose wages are being garnished should be shown.
BANK ACCOUNTS – The name of the bank, the branch address, and the account number must be known and provided.
Writ of Garnishment- Employers and banks require a Writ of Garnishment to accompany any Execution. Writ of Garnishment costs are $5.00, payable to the employer or the bank. A separate check or money order is required. DO NOT MAKE THESE OUT TO JUSTICE COURT!
BUSINESS INCOME – The name and address of the business must be known. Proof of an outstanding Judgment is required. Execution must specify money from a ‘cash box’ or ‘cash drawer.’
AUTOMOBILES – The information required includes the automobile description and location, and a printout listing the legal owner and any outstanding liens. This information is available from the Department of Motor Vehicles (DMV). Written Proof of an outstanding Judgment is required before you will be able to get this information from DMV.
NOTE: Local DMV Offices cannot provide this information. The Application for Individual Record Information is only available from the DMV central office in Carson City, or through the DMV website:www.state.nv.us/dmv_ps/
HOMES – You must provide the legal property description, available at the Clark County Assessor’s Office; or through their website: http://www.clarkcountynv.gov/depts/assessor/Pages/default.aspx.
Each Writ of Execution may only state to execute on one item at a time (earnings, bank account, other). For Civil cases, the Submitter may submit more than one Writ for execution. For Small Claims cases, the Submitter may only submit one Writ of Execution until the previous Execution has been returned from the Constable or has expired. To determine the status of an Execution, contact the Constable’s Office. If the Constable’s office indicates the Execution has been returned to the Court, then another Execution may be filed.
An Execution on Wages is in effect for 120 days, unless it has been returned as described above. Wages are collected each payday for 120 days, unless or until the Judgment is paid in full. If attaching property such as an auto or house, or for a money item such as the contents of a cash drawer or bank account, the execution is a one-time action, and must be re-Filed until the Judgment is paid in full or satisfied.
How and where can a Defendant’s assets be located? Is there any way the Court can assist me? Under NRS 21.270, the Court can order the examination of a Judgment Debtor for the purpose of ascertaining the Debtor’s assets. NRS 21.270 states the following:
NRS 21.270 Examination of Judgment Debtor.
1. A Judgment Creditor, at any time after the Judgment is entered, is entitled to an order from the Judge of the Court requiring the Judgment Debtor to appear and answer upon oath or affirmation concerning his property, before:
(a) The Judge or a Master appointed by him; or
(b) An attorney representing the Judgment Creditor, at a time and place specified in the order. No Judgment Debtor may be required to appear outside the county in which he resides.
2. If the Judgment Debtor is required to appear before any person other than a Judge or Master:
(a) His oath or affirmation must be administered by a notary public; and
(b) The proceedings must be transcribed by a Court Reporter or recorded electronically. The transcript or recording must be preserved for 2 years.
3. A Judgment Debtor who is regularly served with an order issued pursuant to this section, and who fails to appear at the time and place specified in the order, may be punished for contempt by the Judge issuing the order.
[1911 CPA § 365; RL § 5307; NCL § 8863]-(NRS A 1983, 17; 1989, 902)
If you wish to use this method to get information about a Judgment-Debtor’s assets, you must submit two documents to the Court: (1) The Motion for Examination of Judgment Debtor; (via E-Filing ) and (2) the Order for Examination of Judgment Debtor (must be filed with the Justice Court Clerk’s Office, 2nd floor for the Judge’s signature .
If the Judge signs the Order, the Court will set a hearing date.
After the Order is signed, it is your responsibility to have the Order served upon the Defendant and submit proof of service to the Court. If no proof of service is provided, the Hearing date is vacated.
Court Filing Fees
Court filing fees are due at time of filing. These fees are separate from any E-Filing fees. Payment may be made by cash, VISA©, MASTERCARD®, ATM and Debit cards (will be processed as VISA© or MASTERCARD® credit cards), personal check, money order, or cashier’s check. Personal and/or business checks must be pre-printed with the customer information of name and address. No filing will be accepted without the payment of the appropriate fee.
There are additional types of fees associated with Writs of Executions. Please see the full Fee Schedule for other types of fees.
The fee to file a Writ of Execution is $6.00, plus the Constable’s charges for serving the execution. There is also a $5.00 charge paid to the employer for a wage garnishment or to a bank to garnish an account. All fees and charges for filing and serving the Execution are added to the amount of the Judgment.
When received by the Court, the Writ will be reviewed for accuracy and completeness. Your execution will be issued and copies of the documents and receipts for the fee will be returned to you between 7 – 21 judicial (working) days. Executions with errors will not be issued, but will be returned for correction.
After-Hours Filing (Effective July 16, 2011, After Hours Filing at the Court Will No Longer Be Allowed)
Customers will ONLY be able to obtain customer service tickets from the Court’s Q-Matic Customer Call System through 3:00 pm.
Effective August 1, 2011, electronic filing (E-Filing) is mandatory for all civil case filings, except Orders needing a Judge’s signature. Court users may E-File from any location with an internet connection for a fee, or may E-File at the Las Vegas Justice Court without an E-Filing fee.
You are responsible for proper service of the Execution. The Las Vegas Township Constable must serve the Execution. You may not do this yourself or have someone other than a Constable serve the Execution. To obtain their fee information, call (702) 455-4099, or to contact the Constable by mail:
Las Vegas Constable’s Office, P. O. Box 552110, Las Vegas, Nevada, 89155-2100.
Please mail service fee’s and all documents to the Constable’s address.
Mandatory E-Filing of All Civil Cases Starting August 1, 2011
Starting August 1st, all documents to be filed with the Justice Court’s Civil Division (except Judge’s Orders for signature) are required to be electronically filed (E-Filing). Users may file through Odyssey E-File & Serve at https://wiznet.wiznet.com/clarknv/ for a charge of $2.50 for each document. This fee is in addition to any applicable Court filing fees. You must have a credit or debit card. The credit card company charges 8 cents (3% as a service charge) to E-File each document outside of the Regional Justice Center.
Users may E-File documents for free (but will still have to pay any applicable Court filing fees) at the scanning stations located in the Self-Help Center on the 1st floor of the Regional Justice Center, 200 Lewis Avenue in Downtown Las Vegas or in the Justice Court Clerk’s Civil Customer Service Office located on the second floor.
Cash, Checks or Money Orders will be accepted for Court filing fees at the Justice Court Clerk’s Office on the 2nd floor of the Regional Justice Center.
An email address is required to receive a file stamped copy of your document. A free e-mail account may be set up at the Clark County Law Library located a 309 S. Third Street. Further information regarding the Law Library is available at 455-4696. You may also establish a free e-mail account through Microsoft at hotmail.com, Yahoo at mail.yahoo.com or Google at mail.google.com.
Additional information about E-Filing including instructions on how to register for and use E-Filing may be found at: E-Filing & Serve
A Register of Actions listing a summary and the dates for case activities with the Court is available online. To use that information, please use the Case Search link on the left panel of this page. Instructions for Ordering Civil Records can be found at this link.