You just been served a writ of garnishmen, and you are confused what to do. This article would discuss most of your questions. You can also safely call our office and directly speak with attorney Malik Ahmad at (702) 270-9100. Let us discuss garnishment, writ of execution, and a simple scenario that a wage garnishment or bank levy has been placed against you by a local bank or one of the larger bank in Nevada. As you may know, all of these steps are required (not necessarily in the same order)
Why would someone file a garnishment against you?
You have ignored a lawsuit, procrastinate it for long time, unfortunately and in a way mocked the legal system that nothing bad can happen to you, and simply your creditors had forgotten you or just vanished. All of these things could have happened. No, they had not forgotten you, their memories are fresh and a judgment is a manifestation of that –this is hanging on your head like a sword of Damocles. Now, you were served either by personal service or by publication. You can deny but it is too late. They are now knocking at your door. They have a default judgment against you. You never bothered to either present your case, appear in court, or hire an attorney to defend you.
– They are about to garnish you pay.
– They are about to levy your bank account.
What is a writ of garnishment?
The Plaintiff or creditor has filed a lawsuit and now they have garnishment against you. Of course it is a piece of paper but with serious consequences and signed by the judge. It has the force of law behind it. A garnishment action allows a party who has obtained a money judgment (including an order of support) against a debtor to collect the money directly from a third party such an employer or bank. A court order for garnishment is also called a writ of garnishment.
There are two types of garnishments in Nevada. One type allows a creditor to garnish wages from an employer and the other allows a creditor to garnish money or other property held by a third party, such as a bank.
Who are the parties in garnishment?
1. Judgment Creditor: The party who gets a money judgment in court against a debtor and who applies to the court for the writ of garnishment is called a judgment creditor.
2. Judgment Debtor: The party who owes money to the judgment creditor is called the judgment debtor.
3. Garnishee: The third party who controls the debtor’s property (such as an employer or bank) is called the garnishee.
What happens when a creditor applies for a writ of garnishment?
Creditor needs to file for domestication of judgment if this is a foreign judgment. This is the law in Nevada.
The judgment debtor receives notice from the judgment creditor. The judgment creditor must deliver to the judgment debtor a copy of the writ and the initial notice and request for hearing form within three days after service of the summons and writ of garnishment on the garnishee.
The judgment debtor receives notice from the garnishee instead of the judgment creditor. Once a garnishee (bank or property holder) is served with notice of the garnishment, the garnishee must deliver a copy of the summons and writ of garnishment, a copy of the underlying judgment, and the notice and request for hearing form to the debtor within three days.