Nevada Garnishment laws & HR compliance analysis

Nevada Garnishment: What you need to know

A garnishment is an order of a court to an employer to withhold a sum of money from an employee's earnings for payment of a debt. The state of Nevada draws a distinction between garnishments for support obligations and those for other debts. There are numerous state and federal laws pertaining to garnishment. Where state laws are more restrictive than federal law (i.e., by protecting a greater amount of salary from garnishment), then state laws will govern.
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Garnishment vs. assignment of wages. Garnishment and assignment of wages are both methods of deducting money from an employee's salary to repay his or her debts. Garnishment is an involuntary procedure that is usually conducted because an employee has not paid his or her debts voluntarily. Assignment of wages can be either voluntary or involuntary. There is additional information on assignment of wages.
Process. The employer receives a writ of garnishment with a set of questions that must be answered under oath within 20 days (NV Rev. Stat. Sec. 31.295et seq.). The court will notify the employer of the amount to be deducted from the employee's wages. The garnishment continues for 120 days or until the entire amount has been collected, whichever occurs first . If the employee leaves the job, the employer should notify the creditor or sheriff providing the last-known address and the name of any new employer, if known. After the first week's garnishment, the employer may take a fee of $3 per pay period, not to exceed $12 per month (NV Rev. Stat. Sec. 31.296).
Penalty. An employer that does not withhold a garnishment sum or misrepresents the employee's earnings may be ordered to pay the amount of arrearage ...

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