How to Stop Wage Garnishment in Nevada

If your wages are being garnished in Nevada, you can stop it by claiming legal exemptions, disputing the judgment, negotiating with the creditor, or filing bankruptcy.
Nevada residents have specific rights under state and federal law to protect their income and challenge improper garnishment.

With decades of experience helping clients in Las Vegas and across Nevada, our garnishment attorneys can take immediate action to stop garnishment and protect your paycheck.

What is Wage Garnishment?

Wage garnishment is a legal action where a creditor secures a court order mandating your employer to withhold a portion of your wages to settle a debt. This can include debts from credit cards, medical bills, student loans, or unpaid taxes. In Nevada and across the United States, garnishment can severely impact your financial stability and ability to meet basic living expenses.

For more information about your rights when dealing with debt collectors and wage garnishment, visit the Consumer Rights in Debt Collection – CFPB resource hub.

Types of Garnishment in Nevada

Wage Garnishment

When creditors directly take money from your paycheck before you receive it. In Nevada, creditors can garnish up to 25% of your disposable income, depending on the type of debt.

Bank Account Garnishment

When creditors freeze your bank account and withdraw funds to satisfy a debt. This can happen with little warning and potentially leave you unable to access your money.

Tax Garnishment

The IRS and state tax authorities can garnish wages for unpaid taxes, often without the same limitations that apply to other creditors.

What You Need to Know About Nevada Garnishment Laws

Nevada has specific laws governing wage garnishment that differ from federal regulations:

• Maximum Garnishment Amount: Creditors can garnish the lesser of:
  • 25% of your disposable earnings per week
  • The amount by which your weekly disposable earnings exceed 50 times the federal minimum wage
• Protected Income: Certain types of income are exempt from garnishment in Nevada, including:
  • Social Security benefits
  • Disability benefits
  • Retirement benefits
  • Child support payments received
  • Unemployment benefits
  • Workers’ compensation
• Notice Requirements: In Nevada, you must receive notice before garnishment begins, giving you time to respond or object.

These laws are outlined in Nevada Revised Statutes Chapter 31, which governs how and when creditors can garnish your wages. You can review the statute directly at the Nevada Wage Garnishment Laws – NRS 31 website.

What Income Is Exempt from Wage Garnishment in Nevada?

Under both federal and Nevada law, certain types of income are completely protected from wage garnishment. These exemptions ensure that basic needs can still be met, even during debt collection proceedings.

Protected sources of income include:

• Social Security benefits
• Supplemental Security Income (SSI)
• Unemployment compensation
• Workers’ compensation benefits
• Child support or alimony you receive
• Veterans’ benefits
• Retirement or pension benefits
• Public assistance (TANF, SNAP, etc.)

If you receive any of these funds, your attorney can file a claim of exemption to prevent or stop garnishment of those amounts.

Important: Even if deposited into a bank account, these funds remain protected—though they must be clearly identified and segregated. Creditors cannot garnish exempt income unless you voluntarily agree or co-mingle it with other garnishable funds.

Steps to Stop Wage Garnishment in Nevada

If your paycheck is being garnished or you’re facing a garnishment notice in Nevada, you still have options. Here are the most effective legal steps to stop wage garnishment in Las Vegas, Reno, Henderson, and across the state:

1. Respond to the Garnishment Notice Within 10 Days

In Nevada, once you’re served with a writ of garnishment, you have just 10 business days to file a written objection or claim of exemption. If you don’t respond in time, the garnishment will begin, and your employer must legally withhold part of your wages.

Pro Tip: File your objection with the same court that issued the judgment. Include any documentation showing why the garnishment is improper or your income is protected.

2. File a Claim of Exemption to Protect Your Income

Nevada law protects certain types of income from garnishment. This includes Social Security, unemployment, workers’ comp, disability, and more.

If you believe your income qualifies for protection, you must file a formal Claim of Exemption with the court. Claim of Exemption Instructions – Clark County Courts provides detailed guidance for residents in Las Vegas and surrounding areas.

To claim an exemption:

• Complete a Claim of Exemption form (Form 75) available from the Nevada Justice Court or district court.
• Submit supporting documents (bank statements, benefit award letters, etc.).
• File it with the court and serve a copy to the creditor.

If accepted, the court may cancel or reduce the garnishment.

3. Request a Hearing to Dispute the Garnishment

If you believe the garnishment is unlawful, excessive, or based on incorrect information, you have the right to ask for a hearing.

You may challenge the garnishment if:

• You never received proper notice of the lawsuit (service of process error)
• The debt is not yours (identity theft)
• The judgment is too old (statute of limitations has expired)
• You already paid the debt or settled it

At the hearing, the judge may vacate the garnishment or reduce the amount withheld.

4. Negotiate with the Creditor Directly

In some cases, you can stop the garnishment without going to court by working out a deal with the creditor.

Options include:

• A lump-sum settlement to pay off part of the debt in exchange for canceling the garnishment
• A modified payment plan that avoids payroll deductions

Helpful Tip: Creditors often prefer this over waiting months or years to collect through garnishment.

5. Work with a Wage Garnishment Attorney in Nevada

Hiring a garnishment lawyer offers several advantages:

• Quick action to stop ongoing garnishment
• Accurate exemption filing and legal representation at hearings
• Negotiation leverage to reduce or settle debt for less
• Bankruptcy guidance if other options fail

A skilled attorney understands local court rules, judge preferences, and how to move fast to protect your income.

6. File Bankruptcy to Trigger an Immediate “Automatic Stay”

If you qualify for Chapter 7 or Chapter 13 bankruptcy, you can immediately stop most wage garnishments by filing with the court.

• Chapter 7 Bankruptcy: Erases credit card, medical, and personal loan debts—and stops garnishment permanently for discharged debts.
• Chapter 13 Bankruptcy: Stops garnishment and creates a 3–5 year repayment plan that lets you keep assets and regain control of your income.

Filing for bankruptcy triggers an automatic stay that legally halts most forms of debt collection, including wage garnishment. The U.S. Courts bankruptcy guide explains how this process protects you immediately after filing.

Not sure which chapter is right for you? Learn the pros and cons in our guide to Chapter 7 vs. Chapter 13 bankruptcy in Nevada.

How Quickly Can Wage Garnishment Be Stopped in Nevada?

In many cases, wage garnishment in Nevada can be stopped within a few business days—sometimes even within 24 hours—depending on the strategy used. The speed largely depends on:

• Whether a judgment was already entered
• If exemptions apply
• If bankruptcy is filed and an automatic stay takes effect
• How fast your attorney files paperwork or motions

For example:

• Filing a Claim of Exemption may pause garnishment while the court evaluates your request.
• A bankruptcy filing immediately halts most garnishments with an automatic stay, often within 1–2 days of filing.
• Your attorney may be able to request a temporary restraining order or negotiate directly with the creditor to delay or cancel garnishment.

The sooner you act, the faster your paycheck can be protected.

If you’re unsure whether you qualify, this guide to Chapter 13 bankruptcy eligibility in Nevada breaks down income limits, debt thresholds, and more.

Note: How long Chapter 13 bankruptcy takes in Las Vegas depends on your income and debt structure, but most plans last three to five years.

Why You Need a Garnishment Attorney

Facing garnishment alone can be overwhelming. An experienced garnishment lawyer can:

1. Evaluate Your Specific Situation: Every garnishment case is unique. A knowledgeable attorney will review your financial situation and recommend the most effective strategy.
2. Stop Garnishment Quickly: In many cases, an attorney can take immediate action to pause the garnishment while pursuing more permanent solutions.
3. Identify All Available Exemptions: Many people don’t realize certain income and assets are protected. Your attorney will ensure you claim all exemptions available under Nevada law.
4. Negotiate with Creditors: Professional negotiation often results in better terms than you could achieve on your own, potentially settling debts for less than the full amount.
5. Represent You in Court: If your case requires court appearances, having professional representation significantly increases your chances of a favorable outcome.
6. Guide You Through Bankruptcy if Necessary: If bankruptcy is your best option, an attorney will help you determine which type is appropriate and guide you through the process.

Why Choose Freedom Law Firm for Wage Garnishment in Las Vegas

At Freedom Law Firm, we specialize in helping Nevada residents stop garnishments and regain control of their finances. Our team has extensive experience with Nevada garnishment laws and all available legal remedies.

Our Garnishment Defense Services Include:

• Free Initial Consultation: We’ll evaluate your case and explain your options at no cost.
• Immediate Action: We understand the urgency of stopping garnishment and act quickly to protect your income.
• Personalized Strategy: Every financial situation is different, and we develop customized plans for each client.
• Comprehensive Representation: From negotiation with creditors to bankruptcy filing if necessary, we handle all aspects of your case.
• Clear Communication: We explain complex legal issues in plain language and keep you informed throughout the process.

Our Proven Track Record

Our garnishment attorneys have successfully helped hundreds of Las Vegas and Nevada residents stop garnishments and resolve their debt issues. We understand the stress and uncertainty you’re facing, and we’re committed to finding the best solution for your financial future.

Schedule Your Free Garnishment Defense Consultation Today

Don’t let wage garnishment threaten your financial stability. Contact Freedom Law Firm today to learn how our experienced garnishment lawyers can help you stop garnishment and regain control of your finances.

Call us at 702-880-5554 or fill out our online form to schedule your free consultation with a wage garnishment attorney in Las Vegas. Evening and weekend appointments are available.

Freedom Law Firm serves clients throughout Nevada, including Las Vegas, Henderson, North Las Vegas, Reno, and surrounding areas.

Common Questions About Wage Garnishment in Nevada

How Will I Know If My Wages Are Being Garnished?

In Nevada, you must receive notice before garnishment begins. You’ll typically receive:

• Notice of the court judgment against you
• Notice of garnishment from your employer
• Reduced paycheck reflecting the garnishment amount

Can All My Wages Be Garnished?

No. Nevada and federal laws limit how much can be garnished:

• For most debts: Maximum 25% of disposable income
• For child support: Up to 50-65% depending on your circumstances
• For federal student loans: Up to 15% of disposable income
• For tax debts: Varies based on your exemptions and standard deduction

Can I Be Fired for Having My Wages Garnished?

Federal law prohibits employers from firing employees because their wages are garnished for a single debt. However, this protection may not apply if you have multiple garnishments.

How Long Can Wage Garnishment Last?

Garnishment continues until the debt is paid in full, including additional interest and fees. Without intervention, this could take years depending on the debt amount and your income.

Can I Stop Garnishment Without Bankruptcy?

Yes. Options include:

• Negotiating a settlement with creditors
• Filing for exemptions
• Challenging the judgment’s validity
• Setting up a debt management plan

What does a wage garnishment lawyer do?

A wage garnishment lawyer helps you stop or reduce garnishments through legal strategies such as filing claims of exemption, negotiating with creditors, or pursuing bankruptcy relief. They can also challenge improper garnishments in court and protect exempt income.