How to stop Nevada garnishment?

What can I do to stop the garnishment?

a. Object to the garnishment and request a hearing

For a wage garnishment, any party can file a written objection and a request for a hearing. A party can object to the garnishment, the answer of the garnishee, or the nonexempt earning statement within 10 days in many cases, after receipt of the answer or the nonexempt earnings statement. The objector must state the grounds for the objection. The judgment debtor will receive a copy of the objection/request for hearing form from the judgment creditor. However, the court, justice of the peace, will also supply the judgment debtor with a notice a garnishment and a objection/request for a hearing form for free.

The procedure is similar for non-wage garnishments. For a wage garnishment, any party can file a written objection and request for a hearing. A party can object to the garnishment, the answer of the garnishee, or the nonexempt earning statement within 10 days after receipt of the answer or the nonexempt earnings statement. The objector must state the grounds for the objection. The judgment debtor will receive a copy of the objection/request for hearing form from the judgment creditor. However, the court, justice of the peace, or city or town magistrate will also supply the judgment debtor with a notice a garnishment and a objection/request for a hearing form for free.

b. Work out a payment arrangement with the judgment creditor
It might be possible to halt the garnishment by contacting the judgment creditor and working out an alternative payment arrangement. However, the creditor is under no obligation to discuss or accept alternative arrangements.

c. Declare bankruptcy

Filing for bankruptcy invokes an automatic stay that stops most collection efforts including garnishments. 11 U.S.C § 362. Creditors are prevented from taking any actions to collect debts until the stay is lifted by the bankruptcy court. Violations should be reported to your attorney. See our bankruptcy website (www.fastbankruptcynevada.com) for more information.

Are there limitations on what can be garnished?
Wage garnishments
Exempt earnings are not subject to garnishment. Exempt earnings are those which are not subject to judicial process (including garnishment) according to federal and state law. 15 U.S.C. § 1673 is one such statute that restricts the amount that can be garnished. The maximum amount that can be garnished cannot exceed the lesser of:
– 1.25 per centum of disposable earnings for that week, or
– the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of Title 29 in effect at the time the earnings are payable 15 U.S.C. § 1673, whichever is less.

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