Wage garnishment and exemptions in Nevada

In Nevada, how much of your pay can be taken depends on your situation. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

Nevada's limit depends on your situation. A creditor can take the lesser of: 18% of your weekly disposable earnings if your gross weekly pay is $770 or less (25% if more), or the amount by which your weekly disposable earnings exceed 50 times the federal minimum hourly wage. In a bank account: If federal benefits such as Social Security were deposited electronically in the last 45 days, $2,000 (or the whole balance, if less) stays available to you automatically.

Wage limit
18–25%
Federal benefits in a bank account
Up to 2 months protected
Law
NRS 31.295(2); NRS 21.105; NRS 21.090(1)(z)

Your paycheck and garnishment in Nevada

Wage limit
Stricter than federal. A creditor can take the lesser of: 18% of your weekly disposable earnings if your gross weekly pay is $770 or less (25% if more), or the amount by which your weekly disposable earnings exceed 50 times the federal minimum hourly wage.
Law
NRS 31.295(2); NRS 21.105; NRS 21.090(1)(z)

Federal law caps garnishment at 25% of disposable earnings or less (15 U.S.C. 1673(a)); where Nevada's rule protects more, it applies.

In nearby states

Money in your bank account in Nevada

If federal benefits such as Social Security were deposited electronically in the last 45 days, $2,000 (or the whole balance, if less) stays available to you automatically. Otherwise $400 (or the whole balance, if less) is protected automatically (NRS 21.105). You can also claim up to $10,000 in other personal property, including money in the bank, as exempt (NRS 21.090(1)(z)).

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

What creditors can't take in Nevada

  • Homestead: up to $605,000 of equity in your home (NRS 115.010(2)).
  • Vehicle: one vehicle if your equity is $15,000 or less (NRS 21.090(1)(f)).
  • Wildcard: up to $10,000 of other personal property you choose, including bank deposits (NRS 21.090(1)(z)).

The lawsuit comes first in Nevada

If you don't answer in time, the creditor can ask the court for a default judgment against you. That can lead to wage garnishment or a bank levy.

The time to answer in Nevada: 21 days after you are served with the summons and complaint (Justice Court, JCRCP 12(a)).

What to do if you are sued in Nevada

Protecting your pay and property in Nevada

  1. Keep every paper

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Apply Nevada's wage rule

    Nevada's wage rule: A creditor can take the lesser of: 18% of your weekly disposable earnings if your gross weekly pay is $770 or less (25% if more), or the amount by which your weekly disposable earnings exceed 50 times the federal minimum hourly wage.

  3. Look at your bank account

    Nevada also protects money in an account: If federal benefits such as Social Security were deposited electronically in the last 45 days, $2,000 (or the whole balance, if less) stays available to you automatically. Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. File the exemption claim

    File the court's exemption claim form before the deadline; the clerk has it. Start with Nevada court self-help (official).

Questions about garnishment in Nevada

What is the wage garnishment limit in Nevada?

Stricter than federal. A creditor can take the lesser of: 18% of your weekly disposable earnings if your gross weekly pay is $770 or less (25% if more), or the amount by which your weekly disposable earnings exceed 50 times the federal minimum hourly wage.

Is money in my bank account protected in Nevada?

If federal benefits such as Social Security were deposited electronically in the last 45 days, $2,000 (or the whole balance, if less) stays available to you automatically. Otherwise $400 (or the whole balance, if less) is protected automatically (NRS 21.105). You can also claim up to $10,000 in other personal property, including money in the bank, as exempt (NRS 21.090(1)(z)).

Can a creditor take my home or car in Nevada?

Homestead: up to $605,000 of equity in your home (NRS 115.010(2)). Vehicle: one vehicle if your equity is $15,000 or less (NRS 21.090(1)(f)). Wildcard: up to $10,000 of other personal property you choose, including bank deposits (NRS 21.090(1)(z)).

Are my Social Security and VA benefits safe in a Nevada bank account?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). If federal benefits such as Social Security were deposited electronically in the last 45 days, $2,000 (or the whole balance, if less) stays available to you automatically.

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