Stop Wage Garnishment in Nevada: 4 Ways to Protect Your Income
Nevada law limits wage garnishment to 25% of disposable income, with lower limits for low earners. You can stop or reduce garnishment by objecting to the order, filing exemption claims, negotiating a settlement, or filing bankruptcy as a last resort.
Stop Garnishment NowWage garnishment can drain your paycheck when you’re already struggling with debt. In Nevada, creditors can take up to 25% of your disposable income. That makes it hard to cover basic expenses.
You have legal protections available. You can object to the garnishment, file for exemptions, negotiate a settlement, or consider bankruptcy. Each option has different requirements and consequences. Understanding your rights is the first step to protecting your income.
Respond to Nevada Garnishment Before the Deadline
You have limited time to object to wage garnishment or file exemption claims. Solo helps you draft attorney-reviewed responses and negotiate settlements with collectors before they take 25% of your paycheck.
Answer Your GarnishmentUnderstanding Nevada Wage Garnishment Laws
Nevada follows both federal and state laws to regulate wage garnishment. NV Rev Stat § 31 provides the framework for these protections.
Garnishment Limits Based on Income
Under NV Rev Stat § 31.295, creditors can garnish up to 25% of your disposable earnings. The law adjusts this limit based on your income level. You receive extra protection if you earn less than $770 per week. In those cases, creditors can only take 18% of your income.
What Counts as Earnings
Nevada law considers all compensation from your employer as earnings. Wages subject to garnishment include:
- Hourly wages and salaries
- Overtime pay
- Commissions and bonuses
- Sick pay
- Vacation pay
Calculating Disposable Income
Courts calculate garnishment amounts based on disposable income. Required deductions come out first. These include Social Security, Medicare, and federal, state, and local income taxes.
Voluntary deductions don’t count when calculating disposable income. Life insurance and health insurance premiums stay in the calculation. NV Rev Stat § 31.296 specifies these rules.
Protected Income Sources
Nevada law exempts certain income types from garnishment entirely. Protected income includes:
- Public assistance benefits
- Unemployment benefits
- Workers’ compensation benefits
- Income needed to avoid extreme financial hardship
Your Notice Rights
Creditors must notify you before garnishing your wages. The notice explains your right to claim exemptions. You have limited time to respond, so act quickly. Our partner Solo can help you draft an appropriate response.
Garnishment orders in Nevada expire after 90 days. Creditors need a new court order to continue taking your wages.
Object to the Wage Garnishment
You receive two notices once garnishment begins. Your employer sends you a wage garnishment notice. The court sends you a garnishment order. You can file an objection if you have valid grounds.
Request a formal hearing to challenge the garnishment. Valid objections include:
Procedural Violations
Creditors must follow strict legal procedures. You can object if the collector failed to send proper notice. Missing or late notifications violate your rights.
Excessive Garnishment Amount
Challenge garnishments that exceed legal limits. The amount cannot be more than 25% of disposable income. It also cannot exceed 30 times the federal minimum wage. For Nevada’s minimum wage of $10.50 per hour, 50 times that amount sets another limit.
Debt Already Paid
You may have cleared the debt before the judgment. Sometimes creditors obtain default judgments even when you satisfied the obligation. Proof of payment stops the garnishment.
Invalid Previous Judgment
You can file a motion to vacate the judgment. Valid reasons include improper service of the lawsuit notice. Other procedural errors also qualify as grounds for challenge.
Example: Sarah owes $8,000 on a credit card debt. The creditor wins a judgment and gets a garnishment order. Sarah earns $2,000 monthly after taxes. Federal law limits garnishment to $500 monthly (25% of income). She can object if the order requires $700 in deductions.
File a Claim of Exemption
You can request the court to protect some or all of your wages. A claim for exemption formally protects your income from collection.
Write to the court that issued the garnishment order. Specify which funds or property you want exempted. Your claim needs supporting evidence. Gather documentation such as:
- Bank statements showing protected income
- Tax returns demonstrating financial hardship
- Receipts for necessary expenses
- Proof of other financial obligations
The court schedules a hearing after you file. You present your evidence and explain why you qualify for exemptions. The judge reviews your situation and documentation. The court then decides whether to reduce or eliminate the garnishment.
Negotiate a Settlement with the Creditor
Creditors sometimes negotiate even after winning garnishment rights. Some collectors prefer receiving a lump sum payment over lengthy garnishment. You might settle the debt for less than the full amount.
The key is offering payment within a short timeframe. Creditors want certainty over extended collection efforts. Our partner Solo helps you negotiate favorable settlement terms.
Professional negotiation protects you from unfavorable agreements. Solo’s software monitors the entire negotiation process. The system manages settlement documentation and protects your financial information. You avoid revealing sensitive details directly to collectors.
Consider Bankruptcy as a Last Resort
Bankruptcy stops wage garnishment immediately. An automatic stay goes into effect when you file. Most creditors must halt all collection activities, including wage garnishment.
Chapter 7 Bankruptcy
Chapter 7 liquidates non-exempt assets to pay creditors. The court discharges remaining eligible debts afterward. Your wages stop being garnished during and after the process.
Chapter 13 Bankruptcy
Chapter 13 creates a repayment plan lasting three to five years. Creditors cannot collect on debts covered by the plan. The court discharges remaining eligible debts after you complete payments.
Bankruptcy severely impacts your credit score. Consider this option only when other solutions won’t work. You need genuine inability to meet basic needs while managing the garnishment.
Take Action to Stop Garnishment
Wage garnishment doesn’t have to continue unchallenged. Nevada law provides multiple paths to reduce or eliminate garnishment. Acting quickly gives you the best chance of protecting your income.
Our partner Solo provides tools and guidance for each option. You can respond to debt lawsuits, send letters to collectors, and negotiate settlements. The platform simplifies complex legal processes into manageable steps.
Attorney-reviewed documents ensure your responses meet legal requirements. Professional filing services handle court submissions correctly. You get support at every stage of resolving your debt.
Don’t let wage garnishment drain your income. Explore your options and take action today.