Your wages can be garnished pursuant to a court decree in Nevada or pursuant to a domestication of decree outside of Nevada. Please note that if the judgment has been passed against you outside Nevada (a foreign judgment), it just cannot be executed in Nevada without domestication. Domestication is a term of the law where it can be naturalized in Nevada and the sum effect of it would be like it has been entered by the courts of Nevada. Lately, we had been notified that some of the judgment creditors are executing foreign judgments in Nevada without domesticating them. That is plainly illegal, and should someone try to do it, please bring it to our notice at the Law Office of Malik W. Ahmad http://www.fastbankruptcynevada.com
Again, Nevada law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. It is important to note that the Nevada wage garnishment laws (also called wage attachments) are even stricter than federal wage garnishment laws. This is because Nevada allows debtors a higher minimum income threshold than federal law before creditors are permitted to garnish their wages. 25% is the Standard Garnishment in Nevada:
If your income is high enough to be garnished, for the most part, creditors with judgments can take only 25% of your net wages after required deductions. However, for a few types of debts, creditors can take more.
What Is a Wage Garnishment?
A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.
When Can a Creditor Garnish Your Wages in Nevada?
A court judgment in Nevada is a prerequisite to get execution or garnishment in Nevada. You have to be sued first, and a copy of complaint and summon be sent to your last address. It can be served in various ways. So be careful you may be served and you would not even know it. A default judgment can be entered against you if you not defend this complaint. For example, if you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages (unless they sue you and get a judgment). Again, remembers there are three exceptions to execution of judgment (without first going to the court) and they are student loan garnishment, IRS garnishment and possibly alimony delinquent payments.
Limits on Wage Garnishment in Nevada
There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.
“Disposable earnings” are those wages left after your employer has made deductions required by law.
Special Limits for Child Support, Student Loans, and Unpaid Taxes
If you owe child support, student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment. The amount that can be garnished is different too.
In Nevada, up to 50% of your disposable earnings may be garnished to satisfy an order for the support of any person (such as spousal or child support) if you are currently supporting a spouse or a child who isn’t the subject of the order. If you aren’t supporting a spouse or child, up to 60% of your earnings may be taken. An additional five percent may be garnished for support payments over 12 weeks in arrears.
Student Loans in Default
If you are in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish your wages without first getting a court judgment – this is called an administrative garnishment. The most that the Department of Education can garnish is 15% of your disposable income, but not more than 30 times the minimum wage.
According to federal law, your employer cannot discharge you if you have one wage garnishment. However, federal law won’t protect you if you have more than one wage garnishment order.
In Nevada, an employer can’t fire or discipline you solely because of a wage garnishment order.