Nevada Wage Garnishment: How to Stop It in 2024

Most creditors must sue you and win before they can garnish your wages in Nevada. Government debts like taxes or child support may follow different rules. Once the court approves garnishment, your employer withholds part of your paycheck. The amount depends on your earnings and state law. Some income is protected. Social Security, unemployment, and child support you receive can’t be garnished. You can stop garnishment by paying the debt, settling with the creditor, or filing Chapter 7 bankruptcy.

What Is Wage Garnishment?

Wage garnishment happens when a creditor takes money directly from your paycheck. A creditor usually sues you first and wins. Once the court issues a judgment, the creditor can request a garnishment order. Your employer receives the order and must comply.

Stop Nevada Wage Garnishment Before It Starts

Nevada creditors can't garnish your wages without a court judgment first. Respond to the lawsuit within the deadline and protect your paycheck. Solo helps you file the right paperwork and negotiate settlements.

Respond to Lawsuit

Nevada law outlines the entire process. The law also limits how much creditors can take each pay period.

Who Can Garnish Your Wages in Nevada?

Any creditor who wins a lawsuit against you can garnish your wages. Creditors include credit card companies, medical providers, debt collectors, and debt buyers.

Most creditors need a judgment from a Nevada court first. If the judgment comes from another state, extra steps may be required. The creditor must follow Nevada’s garnishment rules.

Nevada Wage Garnishment Process

The garnishment process starts with a lawsuit. You’ll receive a summons and complaint. The complaint explains the debt. The summons tells you how long you have to respond.

If you don’t respond in time, the court may rule automatically. A default judgment happens when you don’t answer. If you respond but lose, the court still issues a judgment.

After the creditor gets a judgment, they can send a garnishment order. Your employer receives the order and must withhold part of your paycheck. The withheld amount goes to the creditor.

Garnishment can also apply to your bank account. The creditor needs a bank levy order for that.

You can file an objection if something seems wrong. Maybe you already paid the debt. Maybe the amount is incorrect. Many people object when they’re already making payments. Others object due to financial hardship.

In Nevada, wage garnishment orders only last for 180 days. If the debt isn’t paid off, the creditor must renew the order. They ask the court or sheriff for renewal.

If you need help responding to a debt lawsuit, our partner Solo can assist. They’ve helped over 300,000 people respond to lawsuits and settle debts.

How Much of Your Paycheck Can Be Garnished?

Creditors can’t take your entire paycheck. Nevada law protects a portion of your income. The protected amount depends on your pre-tax earnings.

Here’s how it works:

If you earn $770 or less per week before taxes, creditors can only take 18%. You keep at least 82% of your paycheck.
If you earn more than $770 per week, creditors can take up to 25%. You keep at least 75%.
No matter your income, creditors can’t leave you with less than $362.50 per week. That number is based on federal minimum wage.

Nevada law uses the rule that protects you most. Only the smallest amount can be deducted from your paycheck.

What Income Can Be Garnished?

Disposable income is what’s left after taxes and required deductions. Creditors can only garnish a portion of your disposable income. They can’t take your full earnings.

Some types of income are fully protected. These protections are called exemptions. They stop creditors from taking certain income. In most cases, creditors can’t garnish:

Social Security benefits
Unemployment payments
Workers’ compensation
Child support or alimony you receive
Most retirement income

Nevada law protects other benefits and income too. The protections are similar to bankruptcy exemptions.

You can learn more about claiming exemptions from the Civil Law Self-Help Center.

How to Stop Wage Garnishment in Nevada

You have two main ways to stop wage garnishment in Nevada.

First, you can pay off the debt. Pay it all at once or set up a payment plan. If you can pay a lump sum, your creditor might accept less. Selling property, using a tax refund, or taking a low-interest loan could help. Accepting less than the full amount is called debt settlement.

Second, you can file for Chapter 7 bankruptcy. When you file, the automatic stay goes into effect immediately. The automatic stay stops most collection efforts, including wage garnishment. The stay remains while the court reviews your case. If your case succeeds, the underlying debt is usually discharged. You don’t have to repay discharged debts.

Resources for People Facing Wage Garnishment in Nevada

If you’re struggling with debt, reach out for help. You can speak with a nonprofit legal aid organization about your situation.

Nevada Legal Services
Legal Aid Center of Southern Nevada
The State Bar of Nevada’s Pro Bono Legal Services
Nevada 211 Legal Aid

The State of Nevada Self-Help site offers free and low-cost legal assistance resources.

Frequently Asked Questions

What is wage garnishment in Nevada?

Wage garnishment is when a creditor takes money directly from your paycheck to repay a debt. Most creditors must sue you and win a judgment before they can garnish your wages. Once the court approves the garnishment, your employer must withhold part of your paycheck and send it to the creditor.

How much can creditors garnish from my paycheck in Nevada?

Nevada creditors can garnish up to 25% of your disposable income if you earn more than $770 per week. If you earn less, they can only take up to 18%. No matter what, you must keep at least $362.50 per week. Nevada uses whichever rule protects you most.

Can I stop wage garnishment in Nevada?

Yes, you can stop wage garnishment by paying off the debt, negotiating a settlement for less than you owe, or filing Chapter 7 bankruptcy. When you file bankruptcy, an automatic stay immediately stops most collection efforts, including wage garnishment. If your bankruptcy case succeeds, the debt is usually discharged.

What income is protected from wage garnishment in Nevada?

Social Security benefits, unemployment payments, workers' compensation, child support or alimony you receive, and most retirement income are protected from garnishment in Nevada. Creditors can only garnish disposable income from regular wages after taxes and legally required deductions are taken out.

How long does a wage garnishment order last in Nevada?

Wage garnishment orders in Nevada only last for 180 days. If the debt isn't fully paid off within that time, the creditor must ask the court or sheriff to renew the order. You'll have another opportunity to object when the creditor requests renewal.

Wage Garnishment in Nevada: Stop Creditors From Taking Your Pay