Nevada Wage Garnishment and how to handle it?

Garnishment is not something which cannot happen to you: its signs must be visible for quite some time. You can see them from a distance. It is not something invisible which you cannot see.

  1. –        You may get notices, which you ignore and you are burying your head into sand.
  2. –        You do not open your mail,
  3. –        Ignore the phone call, or just can’t see writing on the wall.
  4. –        It is a last-ditch effort at debt collection and hits at your paycheck. Of course it hits it hard and draws your quick attention. Now, you are awake and don’t know what to do.
  5. –        However, if you move with some lightning speed, you can be helped. Time again is the essence.
  6. –        When facing credit card debt that can’t readily be paid, the best plan of action is to act early reach some sort of payment arrangement and stick to a repayment plan.
  7. –        The court intervenes when everything else fails. Now, the question is can you move fast and stop this financial bleeding?

Garnishment is a legal and judicial remedy:

It is authorized by a court either after full hearing or pursuant to a default judgment against you. It should be considered a collection tool of last resort. It is mostly a judicial action authorizing the judgment creditor, or the constable to go and levy your wages. It is a direction from the constable office (In Nevada) to your payroll to start deducting a certain and defined amount from your wages in every pay period until satisfied.

Not all garnishment are court initiated:

It is true that most of the garnishment is court authorized but there are some limited exceptions to it. In every case, it is best to go to your payroll and ask them a copy of the garnishment execution papers.

Exceptions to Court Sanctioned Garnishment:

There is no need to go to court for garnishment in at least the following situations:

  1. Student Loan
  2. Spousal Support
  3. IRS taxes.
  4. Certain specified lien.

You Can Stop the Evil In the Bud:

As we stated before you can see the signs of garnishment and many cases they are predictable. In our office, we hear all kinds of stories. They levied my bank account and took all the money, or I did not know anything about legal lawsuit against me. Come on guys, you were ignoring all the letters send to you. You just did not open any judicial mail sent to your address. Well, if you changed your address, you still are bound to receive your mail. Why? Because it is your job to go to the post office and change your address. Clients are often embarrassed when faced with garnishment because now their paycheck is involved, which means their employer is aware of their financial situation. Employers are typically required to tell workers about the withheld amount. Also, you should remember that it is against the law for an employer to fire an employee whose wages are garnished, but embarrassment is noted and it does not paint a good picture especially if you are working in a financial environment.

Still No Big Deal:

Here, the garnishment papers had been served on you and you also got a notification from your payroll. But, still something can be done.

  1. Come and meet us at the Law Office of Malik W. Ahmad (702) 270-9100, make an appointment. Of course, we listen to you patiently. The Judgment Creditor is still shaky though he had reached you and can grab a part of your paycheck. But what is the guarantee that he would continuously receive the garnished amount. If you leave the job, they have to start this process all over again, and it is complicated and expensive process.
  2. You can start the bankruptcy process. Of course, we are here to help you.
  3. If you do not like to file bankruptcy, definitely we can settle with you creditors if you have some financial capacity or make one time settlement. Of course Law Office of Malik Ahmad had helped many debtors in this regard. Desperation cannot resolve anything: only strong determination can resolve your financial matters.
  4. The only recourse for a consumer after a judgment has been rendered is to ask the court to adjust the amount of the garnishment if the reduction in pay severely impacts the consumer’s ability to support himself and any dependents.
  5. If a judgment is rendered in a state where the garnishment law differs from federal law, the law requires the court to adjust the garnishment to the lesser amount.

Don’t bury your head in the sand:
No need to be ostriches and bury your head into the sand, you can be helped in very short period of time. No need to stay miserable. If you wanted to be helped, you can be helped.

Laws on garnishing Wages:
While the garnishment laws vary from state to state and bank to bank but here we are only discussing wage garnishment as applicable in the state of Nevada. Again, state and federal law regulate the amount of money that may be garnished from a consumer’s wages or bank account. In Nevada, it is 25% of the total wages. Again, it is hefty amount regardless and can upset your budget and limited income. Also, it is like a bolt from the blue for which you or your family is not ready. This garnishment can be on top of other debts and liabilities. A garnishment is a serious encroachment into your financial matters; it also leaves a very heavy derogatory impact on your credit report

No need to be scared, as help available to you, call us at (702) 270-9100 or email us at malik@lasvegaslawgroup.com

 

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