Wage garnishment in Nevada

Most a card or medical judgment can take

18% of take-home pay if you gross $770 a week or less; 25% if you gross moresource

Pay you always keep

$362.50 a week (50 x $7.25)source

Time to claim an exemption

10 days after each paycheck is withheldsource

Bank accounts

$400 stays usable or $2,000 if benefits were direct deposited in the last 45 dayssource

How much can be garnished from a paycheck in Nevada?

Nevada sets two rates. NRS 31.295 looks at your gross weekly pay, meaning pay before any deductions, on the date the latest writ was issued. If that was $770 or less, the most a creditor can take is 18% of your disposable earnings (pay left after taxes and other deductions the law requires). Above $770, the rate is 25%.

A second rule protects the first 50 times the federal minimum wage, which is $362.50 a week. The creditor gets whichever number is smaller. Nevada’s own minimum wage is $12.00, as the U.S. Department of Labor state wage table shows, but this floor uses the $7.25 federal rate.

Say you gross $700 and take home $600. The 18% limit gives $108 and the floor rule gives $237.50, so $108 is the cap. Gross $1,000 with $800 to take home and 25% allows up to $200.

The writ of garnishment and how long it lasts

After a court judgment, the creditor gets a writ of execution and a writ of garnishment and a sheriff or constable serves them on your employer. You should get a Notice of Execution by mail that explains your rights.

Once your employer answers that it pays you, the writ keeps running for 180 days or until the debt is paid, whichever comes first, under NRS 31.296. To keep going, the creditor has to send you an accounting every 180 days showing what you still owe, plus fees and interest and it must tell you that you can ask for a hearing to dispute those charges. Check each report against your pay stubs.

Filing a claim of exemption in Nevada

The window is short and it repeats. NRS 21.112 gives you 10 days after each withholding from your pay to file a claim of exemption with the clerk of the court that issued the writ. You also serve a copy on the sheriff, your employer and the creditor. The clerk gives you the form and filing it is free.

The Clark County Civil Law Self-Help Center claim of exemption guide has packets for justice court and district court. Attach proof, such as pay stubs or a benefit award letter.

The creditor then has 8 judicial days, meaning days the court is open, to object. If it does not, the money must be released to you within 9 judicial days. If it objects, a hearing is held within 7 judicial days. A garnishment specialist can go through your writ and that 10-day clock with you on a call.

What happens to my bank account in Nevada?

Yes, but some money must stay in your hands without you filing anything. Under NRS 21.105, the bank must leave you $400 or the whole balance if it is less. If exempt federal money, such as Social Security or veterans’ benefits, was direct deposited in the 45 days before the writ was served, that amount rises to $2,000. These amounts do not stack across several accounts at the same bank.

Money above that can still be protected, but you have to claim it within the same 10 days. A bank levy grabs only what is there on the day it hits. If no claim reaches the sheriff or bank within 25 calendar days, the money goes to the creditor.