A wage garnishment or attachment of your wages, bank account, or other property by a creditor other than the IRS or your own bank usually only happens one way. A creditor sued you in Court and a Court decided that you owe the creditor money. If you are sued, you should have received notice by having the paperwork delivered personally to your home. (However, many times the creditor may have said they don’t know where you lived and were able to persuade the Court to inform you about the lawsuit by publishing notice of it in the newspaper.) If you don’t file paperwork with the court quickly opposing this lawsuit, the Court signs an order that lets the creditor garnish your pay check.
The creditor can takes this Court order to the Sheriff or the Constable, who delivers it to your employer or you bank. Your employer and your bank have no choice – they must obey a garnishment order and turn over the money or they may become personally responsible for paying the debt themselves. As you can imagine, neither your employer nor your bank will take that kind of risk.
In Nevada, a Creditor may take up to 25% (of one fourth) of your wages provided you earn more than minimum wage and work over 30 hours a week. A creditor is also allowed to take all the money in your bank account, unless the money comes from a source legally protected, such as social security, workers compensation benefits, or a retirement account.
At A Fresh Start, we have ways to immediately end a wage garnishment. We urge you to call us so we can help end or prevent your wages from garnishment
We also urge you to read our many client reviews posted on the internet.
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