Wage garnishment is a legal way for a creditor to take some of a debtor’s wages to pay off a debt. Both employers and workers in Nevada need to know the state’s rules about wage garnishment to make sure they follow them and protect workers’ rights. If you’re an employer who might need to garnish wages or a worker who might have their wages taken away, it’s important to know the rules about wage garnishment in Nevada so you don’t get into trouble with the law.
What Does It Mean to Garnish Wages?
When a court tells an employer to take some of an employee’s pay to pay off a debt, this is called wage garnishment. In Nevada, garnishment can happen for a number of debts, such as unpaid taxes, child support, or judgments from lawsuits. Once an employer gets a garnishment order, they have to follow it by law. If the employer doesn’t follow the order, they could face penalties.
Limits on Collections in Nevada
There are rules in Nevada about how much of an employee’s pay can be taken. There are limits on how much can be garnished at both the federal and state levels. In general, the law lets a creditor take 25% of a worker’s disposable income or the amount by which the worker’s weekly income is more than 30 times the federal minimum wage. This is meant to make sure that workers have enough money to support themselves and their families.
When it comes to child support, the limits on garnishment may be higher. The rules for other debts, like taxes, may be different. It’s important to remember that some kinds of income, like Social Security benefits, can’t be garnished.
The Law in Nevada for Garnishment
A creditor must first get a court order against the worker before they can start wage garnishment. After the judgment is made, the creditor can ask the court for a garnishment order. After that, employers will get this order and have to start taking the specified amount out of the worker’s paycheck. The employer has to send the money that was withheld to the right person, like the creditor or the government.
Questions and Answers
Q: In Nevada, what kinds of debts can lead to wage garnishment?
A: In Nevada, you can have your wages garnished if you don’t pay your taxes, child support, student loans, or court judgments.
Q: In Nevada, how much of my pay can be taken away?
A: In Nevada, you can only have 25% of your disposable income or the amount by which your wages are more than 30 times the federal minimum wage taken from you, whichever is less.
Q: Are there any exceptions to wage garnishment in Nevada?
A: Yes, under Nevada law, some types of income, like Social Security benefits or retirement income, are usually not subject to garnishment.
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