Are there limitation on what can be garnished?

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.
Non-wage garnishment
A variety of limitations are placed on non-wage garnishments.
What are the Statutory Exemptions in Nevada (which cannot be garnished)
NRS 21.090  Property exempt from execution.
1.  Exempt Property in Nevada:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.

(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.

(e) The cabin or dwelling of a miner or prospector, the miner’s or prospector’s cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) Life Insurance: All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.
Homestead: (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) Dwelling: The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.
(n) Rent Deposit: All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.
(p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtor’s dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’benefits, supplemental security income benefits and disability insurance benefits.
(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtor’s equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;
(2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;
(3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;
(4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547or any other person regardless of whether the power has been exercised; and
(5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.
(dd) If a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and
(2) Notwithstanding a beneficiary’s right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.
(ee) Proceeds received from a private disability insurance plan.
(ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
(gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
(hh) Unemployment compensation benefits received pursuant to NRS 612.710.
(ii) Benefits or refunds payable or paid from the Public Employees’ Retirement System pursuant to NRS 286.670.
(jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
(kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 and 422A.325.
(ll) Child welfare assistance provided pursuant to NRS 432.036.
2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

What are he Nevada rules of garnishment for judgement creditor?

The judgment creditor must give application to the court
NRS 31.010  Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

The plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

When the writ of attachment can be issued.

The writ can only be issued after a notice and hearing. If you get a notice, you must attend even though you have issues. Of course, it would give you more time to tactfully find a strategy to help you.
NRS 31.013  Issuance of writ of attachment after notice and hearing. The court may after notice and hearing, order the clerk to issue a writ of attachment in the following cases:
1.  In an action upon a judgment or upon a contract, express or implied, for the direct payment of money:
(a) If the judgment is not a lien upon or the contract is not secured by mortgage, lien or pledge upon real or personal property situated in this state; or
(b) If such lien or security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, which is equal to the excess of the amount due the plaintiff above the value of the security.
2.  In any case where the attachment of the property of the defendant is allowed pursuant to this chapter or other provision of law.
3.  In any other case where the court finds that extraordinary circumstances exist which will make it improbable for the plaintiff to reach the property of the defendant by execution after the judgment has been entered.

Can a court issue writ of attachment without notice and hearing?
NRS 31.017  Issuance of writ of attachment without notice and hearing.  The court may order the writ of attachment issued without notice to the defendant only in the following cases:
1.  In an action by a resident of this State against a defendant not residing in this State. For purposes of this subsection only, domestic corporations and foreign corporations who are doing business in this State and who have qualified to do business in this State as required in chapter 80 of NRS shall be deemed residents of this State. Alien corporations and foreign corporations who have not qualified to do business shall be deemed nonresidents.
2.  In an action upon a foreign judgment for the direct payment of money.
3.  In an action for the recovery of the value of personal property, where such personal property is owned by the plaintiff and has been taken or converted by the defendant without the consent of the plaintiff.

4.  In an action by a resident of this State, where the defendant is about to remove the defendant’s money or property, or any part thereof, from this State, and the defendant’s property which may remain within this State, if any, will be insufficient to satisfy plaintiff’s claim. For purposes of this subsection only, a foreign corporation qualified to do business in this State as provided in chapter 80 of NRS shall be deemed a resident of this State.

5.  Where the defendant is about to give, assign, hypothecate, pledge, dispose of or conceal the defendant’s money or property or any part thereof and the defendant’s money or property remaining in this State or that remaining unconcealed will be insufficient to satisfy the plaintiff’s claim.
6.  In an action for the recovery of money or property, or the proceeds thereof, obtained from the plaintiff by the defendant through embezzlement, forgery, larceny or extortion.

What is a chapter 7 fresh start?

Chapter 7 bankruptcy will immediately stop the garnishment process in whatever stage it is in and legally eliminate the debt. The benefits of this approach:
– Immediate court protection with a mandatory stay order;
– Legal elimination or discharge for ALL unsecured debt obligations such as credit card bills, medical bills, personal loans, loan and repossession deficiencies, etc.
– Chapter 13, Debt Consolidation
– Filing a Chapter 13 bankruptcy will also put an immediate stop to a garnishment. The purpose of this program is to:
Consolidate debts into one affordable payment.
This would –
– Prioritize debts to make sure the most important things get paid first (mortgage, vehicle, living expenses, etc.) before worrying about payments to unsecured creditors such as judgments, credit cards, second mortgages, medical bills, personal loans, etc.
– Pay what you can, eliminate the rest.
– The Chapter 13 plan only requires that you make your “best efforts” to pay back your unsecured debts, the rest is legally eliminated at the end of the 36 – 60 month repayment plan. We propose the budget to the court based on your actual expenses.
– The plan is customized to your circumstances and can be adjusted throughout the program.
– 0% interest on repayment of any unsecured debts.

– Legal protection from creditors and any creditor actions such as home foreclosure, vehicle repossession, etc.
– Opportunity to remove a second mortgage or home equity loan to reduce overall mortgage debt and/or reduce the principal mortgage balance owed on a rental property.
– Work towards improved credit by:
– Reducing principal debt to improve your debt-to-income ratio or leverage;
– Resuming consistent and timely payments to your creditors;
– Stop late reports to the credit reporting agency via court protection.
Of Course, We Can Help
This is fixable and we are here to help. Better yet, if you have already had money withheld or even turned over to your creditor in excess of $600.00 within the last 90 days, we can get the funds back for you. The Law Office of Malik W. Ahmad is experienced litigator and very familiar with all of the above. We would not charge you for a free consultation. Just call us and request a free consultation. Of course, we would like to meet you, and you like to meet us.

How does a creditor obtains Nevada garnishment?

In order to pursue a garnishment, a creditor must first obtain a judgment. A judgment is a court act creating or affirming a debt obligation. After 21 days of getting the judgment, the creditor can file a “Request and Writ for Garnishment.”

Once signed by the court, this Request and Writ is served on the “garnishee”. A garnishee is someone who has control over money that is paid to the creditor such as an employer, bank, tenant or Department of Treasury. Upon receipt, the garnishee must serve a copy on the debtor and make a “disclosure” to the court and parties about any money of the debtors that they control.

If money is available, it will be withheld from the debtor right away. However, this money is held for 28 days to allow the debtor time to file objections. If there are no objections, the withheld money will be automatically sent to the creditor at 28 days.

What Can a Creditor Garnish and How Much Can They Take?
The most common forms of garnishment are:
Wage Garnishment: 25% of your net pay can be taken each pay period until full payment is made for the judgment amount plus any subsequent late fees, interest charges and legal fees.
Bank Account: Your creditor has the right to garnish your entire bank account to satisfy the judgment.
State Income Tax Refunds: Your state tax refund can be completely given to your creditors year after year until the judgment debt and subsequent fees are fully satisfied.
The bottom line is that once a garnishment is in place, you are not in control of how and when your creditors get paid. However, you can take back to the control by filing a Chapter 7 fresh start to eliminate the debt altogether or a Chapter 13 debt consolidation plan to set up a repayment plan on your terms and ability to pay. Also, you can do debt settlement. Law Office of Malik W. Ahmad can help achieve all these goals for you. You can reach attorney Malik W. Ahmad directly at his phone number (702) 270-9100. http://www.fastbankruptcynevada.com
Get Debt Resolution
However, all these things can be overwhelming. You still have a problem. the elephant is sitting in your living room and won’t go away. Don’t ignore the problem, We help clients legally stop garnishments by eliminating the debt with a Chapter 7 or consolidating the debt with a Chapter 13. Call Attorney Malik W. Ahmad at (702) 270-9100.

What are the exemptions in Nevada garnishmens (limitations)

A variety of limitations are placed on non-wage garnishments.

What are the Statutory Exemptions in Nevada (which cannot be garnished)
NRS 21.090  Property exempt from execution.

1.  Exempt Property in Nevada:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.

(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.

(e) The cabin or dwelling of a miner or prospector, the miner’s or prospector’s cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.

(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

(g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.

(2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

(k) Life Insurance: All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.

Homestead: (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

(m) Dwelling: The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.

(n) Rent Deposit: All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.
(p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtor’s dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’benefits, supplemental security income benefits and disability insurance benefits.
(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtor’s equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;
(2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;
(3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;
(4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547or any other person regardless of whether the power has been exercised; and
(5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.
(dd) If a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and
(2) Notwithstanding a beneficiary’s right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.
(ee) Proceeds received from a private disability insurance plan.
(ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
(gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
(hh) Unemployment compensation benefits received pursuant to NRS 612.710.
(ii) Benefits or refunds payable or paid from the Public Employees’ Retirement System pursuant to NRS 286.670.
(jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
(kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 and 422A.325.
(ll) Child welfare assistance provided pursuant to NRS 432.036.
2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

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.

Let us Discuss Nevada garnishment and its consequences (many questions answered here)

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.

Wage garnishment
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.
Non-wage garnishment
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.