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Wage Assignments and Garnishments: What Finance Leaders Need to Know

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Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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What Is a Wage Assignment?

How wage assignment works.

• Why Are Wage Assignments Voluntary?

Wage Garnishment

The bottom line.

• Credit & Debt
• Debt Management

Wage Assignment: What It Means, How It Works

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

Key Takeaways

• A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
• How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
• A wage garnishment is an involuntary deduction and requires a court order.

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.

A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.

A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.

What Makes Wage Assignments Voluntary?

In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

How Long Can I Have a Wage Assignment?

Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.

How Much of My Income Can Go to Wage Assignments?

Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.

Is Wage Garnishment the Same as Wage Assignment?

While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.

Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.

West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."

Illinois Legal Aid. " Understanding Wage Assignment ."

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

10’000 Hours / Getty Images

A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

• A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
• Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
• Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans . The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Nevada Wage Garnishment Calculator (2024 update)

You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in Nevada. 

Wage garnishment in Nevada  is different from many other states, so how much will you be garnished?

Below is the Nevada wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options. 

The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this Nevada garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.

How Wage Garnishment in Nevada is Calculated

There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific Nevada wage garnishment laws that are factored into the NV wage garnishment calculator above.

"This amount must not exceed 18% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770."

Would the Garnishment Calculator Results be the Same in Las Vegas as Reno?

Let’s say that Las Vegas has a higher minimum wage than Reno or even that of Nevada. For example, Nevada minimum wage is $10.50. Could the calculation be different?

Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the Nevada wage garnishment calculator would be different.

How Do Employers Calculate Wage Garnishment in Nevada?

Employers in Nevada may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.

Understanding Nevada Higher Order Priority in the Calculation 

First, the creditor requests a writ of execution from the Nevada court. Check an example Nevada writ of execution . Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.

Let’s say you have multiple earning withholding orders in Nevada that could include child support or alimony. Here’s the specific priority for the garnishment calculation in Nevada:

• Wage and Earnings Assignment Order for Support
• Earnings Withholding for Support
• Earnings Withholding for Taxes
• Earnings Withholding for Elder or Dependent Adult Financial Abuse
• Earnings Withholding Order

Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in Nevada.

Options to Stop Wage Garnishment in Nevada

There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.

File an Objection or Exemption

First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.

You may also attempt to claim an exemption to the garnishment in some states as well.

In Nevada, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.

File For Bankruptcy

Filing for bankruptcy in Nevada may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy in Nevada is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the Nevada bankruptcy exemptions .

You also may have to qualify via the Nevada bankruptcy means test. Below are the Nevada median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.

Chapter 13 Bankruptcy

A Chapter 13 bankruptcy in Nevada is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.

If you are considering a Chapter 13 bankruptcy in Nevada, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.

How much does it cost to file bankruptcy in Nevada?

You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.

While the cost to file bankruptcy in Nevada is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.

Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the Nevada poverty thresholds below.

Negotiate a Settlement

You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.

What Should You Do?

One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.

For example, let’s say you live in Las Vegas or Henderson and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.

If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for Nevada to inform your decision.

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Wage Garnishment in Nevada

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A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Nevada regulates wage garnishments.

Written by Upsolve Team .  Updated April 21, 2022

If you fall too far behind on a debt, the creditor of that account may pursue legal action against you. If the creditor gets a court judgment, they can garnish your wages until the total amount you owe has been paid. To garnish your wages, they’ll take a portion of your earnings out of your paycheck. 

State and federal law limit how much of your disposable earnings creditors can seize and which kinds of income can be garnished. It’s important to understand your rights when it comes to garnishment, how to stop garnishment action, and where to seek legal advice if you need some. This guide will provide you with this important information.

What Is Wage Garnishment?

If you don’t respond to notice of a creditor’s lawsuit against you, the judge assigned to the case will grant the creditor a default judgment . If you choose to fight a lawsuit and lose, the judge will also order a judgment in your creditor’s favor. In either situation, the judgment allows your creditor to seize some of your assets so that your debt can be repaid. When a creditor seizes income from an individual’s paycheck, this process is called wage garnishment. 

Wage garnishment procedures are governed by law and subject to numerous restrictions. Your wages may generally only be garnished if a court has granted explicit permission to a creditor. 

Who Can Garnish My Wages in Nevada?

A court may grant a judgment to a debt collector, original creditor, or debt buyer. As long as the judgment is valid, the creditor (which may be a credit card company, a debt collector for medical bills, etc.) can garnish your wages to satisfy that judgment. Most creditors are limited by the restrictions explained in this guide. But student loans, federal tax, child support, and alimony debt may be subject to different withholding rules as these are “special creditor” scenarios.

It’s worth noting that Nevada recently passed legislation that expanded the kinds of income that may be garnished to collect overdue child support to include ump sums, unemployment compensation, retirement income, and even disability income. Because Nevada law treats the prompt payment of child support orders so seriously, this kind of debt should be approached with particular care.   

Nevada law is unique. If a court in California, Arizona, Utah, or any other state grants a creditor a judgment against you, garnishments resulting from that judgment may be affected by different rules than those outlined in the Nevada State Code.

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Nevada Wage Garnishment Process 

A creditor must file a lawsuit against you before they can receive a judgment to garnish your wages. If you don’t respond to the summons and complaint that notify you of this lawsuit, the court will issue the creditor a default judgment. If you defend your case and things don’t go your way, the court will issue your creditor a judgment as well. 

Both judgments and default judgments give creditors tools for debt repayment. They may, for example, alert your employer that they are garnishing your wages or they may pursue a bank levy to seize funds directly from your bank account. 

If you want to fight a garnishment order, you can file a formal objection. People being sued commonly file objections when they no longer owe the debt in question or are current on an installment plan to repay the debt. You can also file an objection if the amount the creditor says you owe wasn’t properly calculated. 

In Nevada, garnishment orders expire after 180 days. If an outstanding balance hasn’t been fully repaid during that time period, creditors must re-file paperwork with the Justice Court in order to continue garnishing someone’s wages. 

How Much of My Paycheck Can Be Taken by Wage Garnishment?

Creditors can’t take all of your wages. Most creditors aren’t allowed to take more than a specific amount of your paycheck. In most states, creditors can take up to 25% of your disposable earnings or the amount by which your disposable income exceeds 30 times the federal minimum wage, whichever is less. Your disposable income is the amount you get paid after legally required deductions are taken out of your check. 

Nevada state law is more generous. It looks at three formulas to determine how much of your paycheck a creditor can garnish. The formula that results in the lowest amount is the one used to determine your maximum weekly wage garnishment.

The amount of your weekly disposable income that exceeds 50 times the federal minimum wage. The current minimum wage is $7.25, so 50 times that is $362.50.

82% of your weekly disposable earnings if your gross weekly salary or wage on the date that the most recent writ of garnishment was issued is $770 or less. 

75% of your weekly disposable earnings if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeds $770.

Working through an example to evaluate these calculations in action can be helpful. Say that your weekly gross income — the total amount you make before anything is taken out of your check — is $800, and your disposable income is $640. You’ll need to calculate each of the three amounts above to see which is the lowest.

$640 (disposable income) minus $362.50 (50 x federal minimum wage) is $277.50 .

Since your gross weekly salary ($800) exceeds $770, you’ll need to calculate 75% of your disposable earnings. 75% of $640 (disposable income) is $480.

It’s time to compare the two numbers. Since $277.50 is lower than $480, creditors can only garnish up to $277.50 of your weekly paycheck in this example. If one creditor is garnishing your wages up to that maximum amount, no other creditors can garnish your wages at the same time.

The kinds of income that your creditors can garnish are limited by exemptions . Exemptions protect certain non-wage forms of income from being taken by creditors. For example, most alimony and child support payments, Social Security benefits, unemployment benefits, workers’ compensation benefits, and retirement income can’t be garnished by most creditors. 

Other benefits and income may also be exempt from garnishment under Nevada law, just as it would be if you filed for personal bankruptcy. The Civil Law Self-Help Center has more information about how to claim exemptions in Nevada. 

How To Stop a Garnishment in Nevada

You can stop wage garnishment in two ways. First, you can pay off the amount you owe, either in a lump sum or over time via installments. If you can manage to pay a lump sum — perhaps by selling property, using a tax refund, or taking out a low-cost loan — your creditor may accept less than the total you owe. Resolving your debt for less than you owe is commonly referred to as debt settlement .

Second, you can consider filing for bankruptcy. If you file for either Chapter 7 bankruptcy or Chapter 13 bankruptcy, you will benefit from a legal protection called the automatic stay . This goes into effect as soon as you file your bankruptcy paperwork. The automatic stay stops creditors from engaging in any collection actions while the court is considering your case.

To learn more about bankruptcy and whether it could benefit you, connect with a bankruptcy attorney in your area. Most bankruptcy lawyers offer free consultations with no strings attached. If you ultimately choose to file a simple Chapter 7 bankruptcy case in Nevada , you may be able to do so for free using the Upsolve filing tool . 

Are There Any Resources for People Facing Wage Garnishment in Nevada?

If you’re struggling with debt and would like to speak with someone about your wage garnishment situation, you can reach out to the team at Nevada Legal Services or the Legal Aid Center of Southern Nevada . These legal aid organizations provide free and/or low-cost legal assistance to members of lower-income households. You may also find additional helpful information on the State Bar of Nevada’s Pro Bono Legal Services page and at the Nevada 211 Legal Aid site. The State of Nevada Self-Help site may also be useful if you’re seeking no-cost or low-cost legal assistance.

Related Reading

• How To Consolidate Your Debts in Nevada
• Repossession Laws in Nevada
• How to File Bankruptcy for Free in Nevada
• Eviction Laws and Tenant Rights in Nevada
• How to Settle Your Debts in Nevada
• How to Become Debt Free With a Debt Management Plan in Nevada
• How to Get Free Credit Counseling In Nevada

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How to Protect Wages and Benefits from Creditors

Why attorneys need to know about wage garnishment and bank account seizures.

With the explosion of creditor and debt buyer-initiated collection lawsuits, there is a parallel dramatic increase in judgment creditors garnishing consumer wages and seizing bank accounts. This article explains how to evaluate and minimize a consumer’s exposure to such post-judgment creditor remedies and describes federal protections and also state protections in each of the fifty states.

It is just as important to understand a client’s exposure to wage garnishment and bank account seizure when representing a client who is not yet subject to post-judgment remedies, but who has recently been sued or who may be sued. The client’s exposure to post-judgment remedies will affect not only the size of any possible settlement (or even the client’s reason to offer any settlement), but also will affect the resources that should be devoted to the defense of a collection action.

Apart from any pending collection lawsuit, clients should also be advised about which of their debts to pay first. Knowing whether wages or benefits will eventually be lost if a particular unsecured creditor is not paid is an essential factor in determining the priority that such a debt should be given in relation to a client’s other financial obligations.

Other than student loan debts, almost all unsecured consumer debt can be eliminated in bankruptcy. But an analysis of the risk the client faces from unpaid, unsecured debts plays an important role in deciding whether to file bankruptcy. Filing for bankruptcy too soon—before there is a real need—is not only expensive and time-consuming, but it can also deprive the consumer of bankruptcy protection when new debts arise in the future.

This article provides a summary of federal and state law protections and provides a number of practice tips. Far more detail on protecting a client’s wages, public benefits, and bank accounts, as well as other personal and real property is provided in the resources listed at the end of this article.

State Law Often Is Key to Protecting Wages from Garnishment

A creditor that obtains a judgment on a debt can garnish the consumer’s wages, meaning that it can obtain an order requiring the consumer’s employer to send a portion of the consumer’s wages directly to it. Federal law protects from garnishment 75% of a consumer’s disposable earnings or 30 times the federal minimum wage ($217.50 per week), whichever is greater. The creditor can seize the balance.

Disposable earnings are the employee’s earnings after deduction of amounts required by law to be withheld. Amounts withheld include federal, state, and local taxes, Social Security, and contributions to other governmental retirement programs that are required by law. See NCLC’s Collection Actions § 14.2.1 for more on the definition of “disposable wages,” what income is protected, the treatment of multiple wage garnishment orders, and all other aspects of the federal wage garnishment protections.

These federal protections provide a baseline of protected wages, and most states provide significant additional protections from wage garnishment. With few exceptions, all wages are fully protected from garnishment in four states: North Carolina, Pennsylvania, South Carolina, and Texas. However, judgment creditors sometimes seek to evade these protections by serving the wage garnishment order on the consumer’s employer’s office in another state. For example, if a Texas debtor worked for a Texas employer that also had an office in Oklahoma, the judgment creditor might serve the wage garnishment order on the Oklahoma office, seeking to take advantage of Oklahoma’s lesser protection of wages. See NCLC’s Collection Actions § 13.3.8 .

Ten states protect both a higher percentage of wages and a higher amount per week than federal law requires:

• California, which protects 40 times the state, federal, or local minimum wage and allows garnishment of just 50% of the debtor’s wages in excess of that amount;
• Colorado (80% or 40 times the state minimum wage of $11.10);
• Illinois (85% or 35 times the federal minimum wage or the state minimum wage of $8.25);
• Massachusetts (85% or 50 times the state minimum wage of $12);
• Nevada (82% or 50 times the federal minimum wage);
• New York (90% or 30 times the federal minimum wage or the state minimum wage, which ranges from $11.10 to $15));
• South Dakota (80% or 40 times the federal minimum wage or the state minimum wage of $9.10, plus $25 per dependent);
• Vermont (85% or 40 times the federal minimum wage);
• Washington (80% or 35 times the state minimum wage of $12); and
• West Virginia (80% or 50 times the federal minimum wage).

Protecting a higher multiple of the minimum wage—a higher flat amount—means that more low-income debtors will have all their wages protected. Protecting a higher percentage of the debtor’s earnings benefits workers at all income levels.

Thirteen jurisdictions protect a higher flat amount per week, but do not protect a higher percentage of wages than the federal minimum. These states are:

• Alaska ($743 a week if the debtor is the household’s sole support);
• Connecticut ($404);
• District of Columbia ($560);
• Iowa ($290);
• Maine ($440);
• Minnesota ($290);
• New Hampshire ($362.50);
• New Mexico ($290);
• North Dakota ($290 plus $20 per dependent);
• Oregon ($254);
• Tennessee ($217.50 plus $2.50 per child);
• Wisconsin (the federal poverty amount); and
• Virginia ($290 plus extra for children in low income families).

Six states protect a higher percentage of wages than federal law requires but not a higher flat amount:

• Delaware (85%);
• Hawaii (protects 95% of first $100, 90% of next $100, 80% of remainder);
• New Jersey (90% of wages if the debtor is under 250% of poverty);
• Missouri (90%);
• Nebraska (85%); and
• Virgin Islands (90%).

Nineteen jurisdictions do not offer protections greater than the federal minimum: Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Ohio, Oklahoma, Puerto Rico, Rhode Island, Utah, and Wyoming.

Seven jurisdictions provide for hardship exemptions in addition to the percentage or dollar amount protections. How these exemptions work will vary by state, but consumers should seek this protection where applicable in Arizona, California, Colorado, District of Columbia, Indiana, Oklahoma, and Wisconsin. In addition, New York, Minnesota, and Rhode Island provide exemptions for debtors based on receipt of or, in Minnesota and New York, eligibility for public assistance. For more detail on hardship exemptions, see NCLC’s Collection Actions § 14.2.3.3 .

For a more comprehensive analysis of state restrictions on wage garnishment, state remedies, and the relationship between federal and state exemptions, see generally NCLC’s Collection Actions § 14.2.3 and Appendix G . See also NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families Into Poverty (Nov. 2019) .

Tips to Limit Wage Garnishment

Make sure the consumer is adequately withholding taxes. If not enough taxes are withheld, not only is there a tax liability at the end of the year, but an additional amount will be garnished from the consumer’s paycheck.

Federal and state wage garnishment limits apply to the cumulative amount of all garnishments sought by multiple creditors in a given pay period. For example, if the consumer’s wages are being withheld to pay child support, the amount withheld reduces dollar for dollar the maximum amount that can go to other creditors. Where a consumer is obligated to pay child support, if that obligation is paid through a payroll deduction rather than voluntarily, the consumer is protected from a judgment creditor’s garnishment. See NCLC’s Collection Actions § 14.2.1.5.5 .

Wage Assignments Are Illegal

Creditors may seek to avoid state and federal protections from wage garnishment and even the necessity to obtain a court judgment by asking the consumer as part of the initial credit agreement to sign a wage assignment. A wage assignment instructs the consumer’s employer to send a portion of the consumer’s pay to the creditor each pay period. Courts have held that the federal law that limits the amount of a wage garnishment protection does not apply to wage assignments. See NCLC’s Collection Actions § 14.2.1.2 .

The Federal Trade Commission’s Credit Practices Rule prohibits wage assignments in connection with the extension of credit to consumers in or affecting commerce. 16 C.F.R. § 444.2(a)(3). Only three exceptions are allowed: if the assignment is by its terms revocable at will by the debtor; if the assignment is a payroll deduction plan that commences at the time of the transaction; or if the assignment is of wages already earned at the time the consumer entered into the wage assignment.

If a consumer has entered into a wage assignment with a creditor, such as a payday lender, the consumer should immediately revoke the assignment. If the assignment is irrevocable and does not fall into one of the other exceptions, then this is a violation of the FTC rule. While there is no direct private right of action for a violation of an FTC rule, a rule violation should be an unfair or deceptive practice under a state UDAP statute, leading to strong private remedies. For more detail on wage assignments and remedies, see NCLC’s Collection Actions § 14.2.5 .

Federal Student Loan Wage Garnishment Is a Different Animal

Federal law allows administrative wage garnishment—a garnishment issued by a federal agency rather than a court, and without any court judgment—to collect student loan debts and other federal debts. Up to fifteen percent of the borrower’s disposable wages can be seized through a single administrative wage garnishment order. State law wage garnishment protections do not apply, but federal protections do apply.

The general federal limit on wage garnishment applies to these administrative student loan garnishments. See 34 C.F.R. § 34.19(b). Thus a minimum of 30 times the federal minimum wage—$217.50 a week—of disposable earnings is fully protected. In addition, the 15% federal student loan garnishment counts toward the 25% federal wage garnishment limit, so that a second garnishment by a private creditor could only seize 10% of the debtor’s income.

Student loan borrowers can also object to the administrative garnishment on the basis of financial hardship. See NCLC’s Student Loan Law § 9.3.2.3.4 . If they instead enter into a rehabilitation plan, garnishment stops after the borrower makes five payments. See NCLC’s Student Loan Law § 9.3.2.4 .

Student loan borrowers can also head off garnishment by entering into a repayment plan or consolidating their loans before the garnishment begins. Consolidation means that the loan is no longer in default and thus is not subject to garnishment. But consolidation is not allowed once the garnishment order has been entered. See NCLC’s Student Loan Law § 9.3.2.4.2 .

The United States, but Not Private Creditors, Can Offset Debts Against Social Security and Certain Other Federal Benefits

Federal law protects Social Security, SSI, VA benefits, and certain other federal benefits against garnishment for ordinary non-federal debt. In other words, an ordinary judgment creditor cannot require the Social Security Administration or the Department of Veterans Affairs to withhold any portion of a debtor’s benefits to pay a judgment debt.

On the other hand, the United States can offset debts owed to it against certain federal benefit payments. The United States can seize only that portion of a monthly benefit payment that is in excess of $750, and the maximum seizure is 15% of a monthly benefit payment. See NCLC’s Student Loan Law § 9.4.2 .

Federal regulations require the debtor to be given advance notice and an opportunity for administrative review before the offset occurs. In the case of student loans, the borrower can also apply for a hardship reduction of the amount offset. See NCLC’s Student Loan Law § 9.4.3.2 .

Protecting Benefits from Seizure Once Deposited in a Consumer’s Bank Account

While federal and state benefit payments are exempt from garnishment by private judgment creditors while in the hands of the disbursing agency, the benefit’s exempt status becomes murky once deposited in a bank account. A bank that receives a garnishment order from a judgment creditor may freeze all funds in the account, whether the funds are exempt or not. The usual rule is that the consumer bears the burden of proving that certain funds are exempt, and failure to do so will result in the funds being sent to the judgment creditor.

Fortunately for consumers, an important U.S. Treasury rule requires banks to protect any Social Security, SSI, VA, or certain other federal benefits that were directly deposited into a consumer’s bank account within the preceding two months. 31 C.F.R. § 212. For a thorough analysis of the Treasury rule, see NCLC’s Collection Actions § 14.5.4 .

The Treasury rule only protects two months of Social Security, SSI, or VA benefits. If the consumer has accumulated more than two months of benefits in the account, the rule does not apply to the excess. Nor does the rule apply to state benefits or to benefit payments paid by check as opposed to direct deposit. In all of these cases, the benefits may still be exempt, but the bank is not required to protect them. The consumer has the burden of proving the exemption, and in the meantime the bank will freeze the account.

Another way to protect Social Security, SSI, and VA benefits from seizure is to have them deposited directly from the Treasury to a Direct Express prepaid card. Funds deposited onto Direct Express cards are completely exempt from garnishment by judgment creditors. The consumer then uses the card like any debit card to obtain cash or to make purchases. The card is provided by a private bank under contract with the United States. To sign up for a Direct Express card, call 1-800-3333-1795 or visit www.usdirectexpress.com. See NCLC’s Collection Actions § 14.5.5.2 .

If the consumer retains exempt funds in a bank account not protected by the U.S. Treasury Rule, one option is to create two accounts, one account holding only exempt funds. This makes it easier for the consumer to prove that funds in one of the accounts are exempt from seizure, because it eliminates the complications caused by commingling of exempt funds with non-exempt funds. If the consumer opens two accounts, the consumer should first spend down funds from the non-exempt account before using the exempt funds.

State Law Protecting Wages Once Deposited in a Bank Account

Unless funds are exempt, judgment creditors can seize funds from a consumer’s bank account to pay a judgment against the consumer. While federal and state laws protect wages before they are distributed to the consumer, the wages may be subject to seizure once deposited in the consumer’s bank account, absent state law to the contrary. For a detailed description of applicable law protecting wages and benefits deposited in a bank account, see NCLC’s Collection Actions § 14.5 . See also NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families into Poverty (Nov. 2019) . This article provides a summary of state law exemptions protecting bank accounts from judgment creditors. Additional or different exemptions may apply in a bankruptcy proceeding.

A key distinction is whether an exemption for funds in the consumer’s bank account is self-executing or whether the consumer must take affirmative action to present the exemption. If an exemption is self-executing, the bank will protect the funds without the consumer having to claim an exemption, so there will not be a period of time when the account is frozen.

Some state exemptions are self-executing. For example, New York’s exemption of $2,664 to $3,600 (depending on the applicable state minimum wage) in the consumer’s bank account is self-executing. The consumer need take no action to protect the funds and they are not subject to a bank freeze. Effective September 1, 2020, the same will be the case in California with a $1724 exemption.

An example of an exemption that is not self-executing is a wildcard exemption that allows the consumer to designate the property to which the wildcard dollar exemption applies. To make a wildcard exemption effective, the consumer must affirmatively initiate a process to apply the exemption to the consumer’s bank account, and the account may be frozen until the process is successfully completed.

About two-thirds of the states give debtors a wildcard exemption that can be applied to property of the debtor’s choice. In fifteen states—Alabama, District of Columbia, Florida, Illinois, Maryland, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, South Dakota, Tennessee, Virginia, and Washington—it appears that the consumer can apply the wildcard exemption to a bank account. In some of these states the exemption law explicitly allows the wildcard to be so applied, and in others the exemption law is ambiguous but there are cases in which courts have allowed the wildcard to be used to protect a bank account. Of course, consumers may prefer to apply the wildcard exemption to protect the consumer’s car or other property instead of or in addition to the bank account.

In a number of states, the exemption law explicitly provides that the wage garnishment exemption continues after the wages are deposited into a bank account, and in other states courts have interpreted the statute to protect deposited wages. All in all, it appears that deposited wages continue to be exempt in thirteen jurisdictions: California, Colorado, Connecticut, Florida, Idaho, Iowa, Minnesota, Montana, Nebraska, North Carolina, Oklahoma, Oregon, and Puerto Rico. This protection is not self-executing, however. The bank does not know the dollar amount of the consumer’s wages that are exempt from seizure, and the consumer must prove this amount. In addition, the exempt portion of wages will be commingled in the account with the non-exempt portion of wages and other non-exempt deposits. Issues will arise as to whether the withdrawals from the account were of exempt or non-exempt funds, affecting the exempt status of funds left in the account. The whole account may be frozen in the interim.

Thirteen states follow a third approach to exempt a certain dollar amount in the consumer’s bank account no matter their source:

• Alaska ($2,970 under certain conditions);
• Arizona ($300);
• California ($1,724 effective Sept. 1, 2020);
• Indiana ($350);
• Massachusetts ($2,500);
• New York ($2,664–$3,600);
• North Dakota ($3,000);
• Ohio ($500);
• Puerto Rico ($400);
• South Carolina ($6,100);
• Vermont ($700);
• West Virginia ($1,100); and
• Wisconsin ($5,000).

Whether such an exemption is self-executing or not will depend on state law and practice.

Practice Tips for Dealing with Bank Account Freezes and Seizures

Often a bank account will be in the name of two individuals. If there is a judgment against one of the account holders but not against the other, a bank account garnishment could result in seizure of funds belonging to the non-debtor, not just the debtor’s funds. Even if state law provides that a portion of a joint account is exempt from seizure for the other joint-owner’s debts, the whole account may be frozen until a determination is made as to what part belongs to each joint account holder. Where one of two account holders owes a judgment debt, consider splitting the joint account into two accounts and keeping all of the non-debtor’s funds in the account that is solely in the non-debtor’s name. Paying expenses first from the account that is in the judgment debtor’s name will reduce the balance in that account and minimize the amount that is vulnerable to garnishment.

Judgment creditors may seek to seize any bank account with the consumer’s name on it, even if the funds in the account do not belong to the consumer. Consumers who have or expect to have a judgment entered against them should remove their names from any account that holds someone else’s money (for example, accounts containing funds owned by another family member, such as an elderly parent or a child). If the owner of the funds needs the consumer to manage the account, a power of attorney should be used or the account should be clearly designated as a trust.

Consumers may also be able to limit the risk of seizure of their funds by placing the funds on a prepaid card instead of in a bank account or, if available from their employer, receiving wages on a payroll card. Funds in prepaid and payroll card accounts may be subject to seizure, but as a practical matter judgment creditors are far less likely to seize these types of accounts. Employers increasingly offer employees the option to have wages deposited in payroll card account, and this may be a good choice, but be sure to check the fees and understand how to avoid them, especially by using only ATMs in the card’s network.

Watch out because prepaid cards (and bank accounts) can have high fees or other disadvantages. Avoid prepaid cards, debit cards, or “checkless checking” accounts offered by payday lenders and check cashers, which may have high fees or even overdraft fees. The overdraft “protection” these accounts may offer is really just permission to charge fees and to push people into a cycle of debt. Safe accounts are never a vehicle for borrowing, but only for the storing and spending of money that the consumer already has.

Consumers can also avoid seizure of their funds by placing the funds on a prepaid card instead of in a bank account. It is true that prepaid cards are linked to a bank account, and that account may be subject to seizure, but as a practical matter judgment creditors are far less likely to seize accounts linked to prepaid cards. Employers increasingly offer employees the option of having wages deposited in a special employee prepaid card, and this may be a good choice. Watch out because prepaid cards can have high fees or other disadvantages, but so do many bank accounts. Avoid prepaid cards that allow for high overdraft fees. Prepaid cards should never be a vehicle for borrowing, but only for the storing and spending of money that the consumer already has.

Seizure can also be avoided by opting out of direct deposit payments to a bank account and receiving paper checks. Paper checks do have a greater risk of theft and loss. Paper checks also will have to be cashed. Avoid expensive check cashers. Look for local stores or friends or relatives to cash a check without high fees. Checks from a major employer in a community are safe bets to cash. Even if the consumer must pay a fee to cash a check, that may be better than having the check deposited and then seized in its entirety or at least frozen.

Resources for More Information

• NCLC’s Collection Actions Appendix G and also NCLC’s Consumer Bankruptcy Law and Practice Appendix J provide detailed state-by-state summaries of each state’s exemption laws that apply to wages, homestead, tangible personal property, benefits, retirement plans, other intangibles, and tax refunds. Statutory citations are provided, and details regarding extraterritorial application and the relation of state exemptions to federal bankruptcy exemptions are also listed.
• NCLC’s Collection Actions Chapter 13 (Enforcement of Judgments), Chapter 14 (Protecting Debtors’ Wages, Benefits, Other Income, and Bank Accounts), Chapter 15 (Protecting the Debtor’s Home, Tangible Personal Property, and Other Assets), and Chapter 16 (Debtor’s Examinations and Imprisonment for Debt).
• NCLC’s Student Loan Law Chapter 9 (Seizures of Income and Assets to Collect Federal Student Loans).
• NCLC’s No Fresh Start in 2019: How States Still Allow Debt Collectors to Push Families Into Poverty (Nov. 2019) (109 pp.) is a detailed report on the state of exemption law in all 50 states with recommendations for reform.

Meet the author

Carolyn Carter is the Deputy Director at NCLC (previously serving as Director of Advocacy). She has specialized in consumer law issues for over 30 years. From 1974 to 1986 she worked for the Legal Aid Society of Cleveland, first as a staff attorney and later as law reform director. From 1986 to 1999 she was co-director of a legal services program in Pennsylvania. She was the 1992 recipient of NCLC’s Vern Countryman Award. She is admitted to the Pennsylvania bar. From 2005 to 2007 she was a member of the Federal Reserve Board’s Consumer Advisory Council.

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WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA)

Revised October 2020

This fact sheet provides general information concerning the CCPA’s limits on the amount that employers may withhold from a person’s earnings in response to a garnishment order, and the CCPA’s protection from termination because of garnishment for any single debt.

Wage Garnishments

A wage garnishment is any legal or equitable procedure through which some portion of a person’s earnings is required to be withheld for the payment of a debt. Most garnishments are made by court order. Other types of legal or equitable procedures for garnishment include IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed to the federal government.

Wage garnishments do not include voluntary wage assignments – that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors.

Title III of the CCPA’s Limitations on Wage Garnishments

Title III of the CCPA (Title III) limits the amount of an individual’s earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. The U.S. Department of Labor’s Wage and Hour Division administers Title III, which applies in all 50 states, the District of Columbia, and all U.S. territories and possessions. Title III protects everyone who receives personal earnings.

The Wage and Hour Division has authority with regard to questions relating to the amount garnished or termination. Other questions relating to garnishment should be directed to the court or agency initiating the garnishment action. For example, questions regarding the priority given to certain garnishments over others are not matters covered by Title III and may be referred to the court or agency initiating the action. The CCPA contains no provisions controlling the priorities of garnishments, which are determined by state or other federal laws. However, in no event may the amount of any individual’s disposable earnings that may be garnished exceed the percentages specified in the CCPA.

Definition of Earnings

The CCPA defines earnings as compensation paid or payable for personal services , including wages, salaries, commissions, bonuses, and periodic payments from a pension or retirement program. Payments from an employment-based disability plan are also earnings.

Earnings may include payments received in lump sums , including:

• commissions;
• discretionary and nondiscretionary bonuses;
• productivity or performance bonuses;
• profit sharing;
• referral and sign-on bonuses;
• moving or relocation incentive payments;
• attendance, safety, and cash service awards;
• retroactive merit increases;
• payment for working during a holiday;
• workers’ compensation payments for wage replacement, whether paid periodically or in a lump sum;
• termination pay ( e.g. , payment of last wages, as well as any outstanding accrued benefits);
• severance pay; and,
• back and front pay payments from insurance settlements.

In determining whether certain lump-sum payments are earnings under the CCPA, the central inquiry is whether the employer paid the amount in question for the employee’s services .If the lump-sum payment is made in exchange for personal services rendered, then like payments received periodically, it will be subject to the CCPA’s garnishment limitations. Conversely, lump-sum payments that are unrelated to personal services rendered are not earnings under the CCPA.

For employees who receive tips, the cash wages paid directly by the employer and the amount of any tip credit claimed by the employer under federal or state law are earnings for the purposes of the wage garnishment law. Tips received in excess of the tip credit amount or in excess of the wages paid directly by the employer (if no tip credit is claimed or allowed) are not earnings for purposes of the CCPA.

Limitations on the Amount of Earnings that may be Garnished (General)

The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which is the amount of earnings left after legally required deductions are made . Examples of such deductions include federal, state, and local taxes, and the employee’s share of Social Security, Medicare and State Unemployment Insurance tax. It also includes withholdings for employee retirement systems required by law.

Deductions not required by law – such as those for voluntary wage assignments, union dues, health and life insurance, contributions to charitable causes, purchases of savings bonds, retirement plan contributions (except those required by law) and payments to employers for payroll advances or purchases of merchandise – usually may not be subtracted from gross earnings when calculating disposable earnings under the CCPA.

Title III sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments ( i.e. , those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee’s disposable earnings, or the amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour).

Therefore, if the pay period is weekly and disposable earnings are $217.50 ($7.25 × 30) or less, there can be no garnishment. If disposable earnings are more than $217.50 but less than $290 ($7.25 × 40), the amount above $217.50 can be garnished. If disposable earnings are $290 or more, a maximum of 25% can be garnished. When pay periods cover more than one week, multiples of the weekly restrictions must be used to calculate the maximum amounts that may be garnished. The table and examples at the end of this fact sheet illustrate these amounts.

As discussed below, these limitations do not apply to certain bankruptcy court orders, or to garnishments to recover debts due for state or federal taxes, and different limitations apply to garnishments pursuant to court orders for child support or alimony.

Limitations on the Amount of Earnings That May be Garnished for Child Support and Alimony

Title III also limits the amount of earnings that may be garnished pursuant to court orders for child support or alimony. The garnishment law allows up to 50% of a worker’s disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not. An additional 5% may be garnished for support payments more than l2 weeks in arrears.

Exceptions to Title III’s Limitation on Wage Garnishments

The wage garnishment law specifies that its limitations on the amount of earnings that may be garnished do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes.

If a state wage garnishment law differs from Title III, the law resulting in the lower amount of earnings being garnished must be observed.

Non-Tax Debts Owed to Federal Agencies

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government. As of December 20, 2018, the Higher Education Act authorizes the Department of Education’s guaranty agencies to garnish up to 15% of disposable earnings to repay defaulted federal student loans. Such withholding is also subject to the provisions of Title III of the CCPA, but not state garnishment laws. Unless the total of all garnishments exceeds Title III’s limits on garnishment, questions regarding such garnishments should be referred to the agency initiating the withholding action.

EXAMPLES OF AMOUNTS SUBJECT TO GARNISHMENT

The following examples illustrate the statutory tests for determining the amounts subject to garnishment, based on the current federal minimum wage of $7.25 per hour.

• An employee’s gross earnings in a particular week are $263. After deductions required by law, the disposable earnings are $233.00. In this week, $15.50 may be garnished, because only the amount over $217.50 may be garnished where the disposable earnings are less than $290.
• An employee receives a bonus in a particular workweek of $402. After deductions required by law, the disposable earnings are $368. In this week, 25% of the disposable earnings may be garnished. ($368 × 25% = $92).
• An employee paid every other week has disposable earnings of $500 for the first week and $80 for the second week of the pay period, for a total of $580. In a biweekly pay period, when disposable earnings are at or above $580 for the pay period, 25% may be garnished; $145.00 (25% × $580) may be garnished. It does not matter that the disposable earnings in the second week are less than $217.50.
• An employee on a $400 weekly draw against commissions has disposable earnings each week of $300. Commissions are paid monthly and result in $1,800 in disposable earnings for July after already-paid weekly draws are subtracted and deductions required by law are made. Each draw and the monthly commission payment are separately subject to the law’s limitation. Thus, 25% of each week’s disposable earnings from the draw ($75 in this example) may be garnished. Additionally, 25% of the disposable earnings from the commission payment may be garnished, or $450 ($1,800 × 25% = $450).
• An employee who has disposable earnings of $370 a week has $140 withheld per week pursuant to court orders for child support. Title III allows up to 50% or 60% of disposable earnings to be garnished for this purpose. A garnishment order for the collection of a defaulted consumer debt is also served on the employer. If there were no garnishment orders (with priority) for child support, Title III’s general limitations would apply to the garnishment for the defaulted consumer debt, and a maximum of $92.50 (25% × $370) would be garnished per week. However, the existing garnishment for child support means in this example that no additional garnishment for the defaulted consumer debt may be made because the amount already garnished is more than the amount (25%) that may be generally garnished. Additional amounts could be garnished to collect child support, delinquent federal or state taxes, or certain bankruptcy court ordered payments.

Title III Protections against Discharge when Wages are Garnished

The CCPA prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect that one debt. The CCPA does not prohibit discharge because an employee’s earnings are separately garnished for two or more debts.

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

What Nevada's pioneering earned wage access law really means

Nevada has become the first US state to formally regulate the earned wage access (EWA) market, requiring providers to obtain a licence if they wish to operate locally.

The new legislation is believed to be the first of its kind anywhere in the country, potentially laying the groundwork for other states and territories to follow. But will it become the norm for EWA, and what exactly does the new law mean for employers and providers alike?

What is earned wage access (EWA)?

Earned wage access (EWA), sometimes likened to salary advances, allows employees to get their wages before payday when their employer opts in to an EWA scheme. Instead of being paid a lump sum once a month, salaried employees can often get access to several smaller instalments more frequently.

It is not usually considered a type of credit or loan, hence why it is not regulated as a financial service anywhere else in the US, but Nevada’s latest legislative manoeuvres might cause some lawmakers to reassess that situation.

Providers of EWA include Rain , Ceridian , Payactiv and Cloudpay .

The benefits for employees are plain to see: they can get more help towards the cost of bills and expenses when they need it, rather than having to fit in with their employer’s rigid pay cycles. Almost 60% of Americans are believed to be living paycheck to paycheck, according to a survey from CNBC, and EWA represents a more affordable solution than payday loans.

However, there have also been suggestions that EWA creates fresh problems for earners. According to researchers from Harvard and Yale Universities , users tend to demonstrate “present bias” – the concept that humans focus more on current problems rather than future ones, even if they are aware that future problems will appear at some point.

Most EWA platforms limit the amount of money employees can withdraw as a safeguard, but by allowing people to take small amounts from their paycheck to cover small bills, it risks not leaving enough for larger expenses – like rent or car payments – come the end of the month. However, the researchers found that EWA produces a positive effect overall.

What does Nevada’s new EWA law mean?

Nevada’s new state law, SB290, is the first piece of legislation in the US to regulate the earned wage access market at a state level. It requires operators to obtain a licence from the Commissioner of Financial Institutions.

It was signed into law by the state governor earlier this month, and will begin to take effect from the beginning of next year.

Speaking after the bill passed, Nevada Assembly Majority Leader Sandra Jauregui said earned wage access products “are crucial for expanding financial access and inclusion” and claimed that the state was “leading by example to provide tangible progress on workers’ rights”.

“For providers, there will be several administrative requirements that come with being licensed,” Aaron Marienthal , SVP and General Counsel at Payactiv, tells FinTech Magazine . This will involve supplying certain documents, such as terms of service and fee schedules, as well as complying with other requirements like fingerprinting certain executives.

How does Nevada EWA law protect consumers?

In broad terms, the law appears to be designed to give consumers greater confidence in the trustworthiness of licensed providers – to know that all EWA providers are licensed by the state of Nevada and provide certain information as part of that licensing obligation.

“In addition to the formal oversight that comes with the licensing process itself, the law has a number of substantive requirements that will enure to the benefit of end-users,” Marienthal continues. “For example, all providers must offer at least one free option to obtain EWA. While the industry has been moving in this direction in the past several years, this is a big win for consumers because it standardises free EWA options and gives users more choice – nobody will be forced to pay a fee to access their own earned wages.

“The law also puts a number of other important consumer protections in place, for example by codifying that EWA is non-recourse, that there is no credit reporting impact, there are no late fees, and a user can cancel their participation in the programme without incurring a fee. Moreover, providers who ask users for ‘tips’ must do so in a clear and conspicuous manner. In addition, the law requires that providers who debit a user’s bank account reimburse any overdraft fees caused by the provider debiting the account before they were supposed to, or in an incorrect amount.”

The law also goes some way to address concerns about ‘over-access’. It stipulates that EWA should be based on real-time data for pay and attendance, meaning that users are not able to access more than they’ve actually earned.

“There’s a lot here that will protect consumers and prevent bad actors,” Marienthal says.

Should earned wage access be a right?

One thing the law does not do is make earned wage access a right. It codifies certain requirements, particularly around fees and practices, that should keep EWA accessible to all employees who want it. But it stops short of enshrining that access as a right in law.

This would have been, perhaps – given the emerging nature of legislation in this space – a tall order. But it contrasts with recent workers’ rights victories elsewhere in the world, such as the UK government’s decision to give all employees the legal right to ask for hybrid working practices from day one of their employment.

“Along with most of our colleagues, I believe EWA should be an individual’s right,” Marienthal continues. “After all, the user should be entitled to receive money they have already earned. However, I don’t think it is likely to become the law any time soon, at least not before we have more states enact legislation like we saw in Nevada.

“Practically speaking though, it may not even be necessary. There is so much demand for EWA amongst workers that the benefit is becoming table-stakes for many employers these days. It’s really a no-brainer for employers because most EWA providers like Payactiv don’t charge employers to offer the programme to their employees, and studies show it truly helps drive retention and recruitment.”

That could make it an indispensable workplace benefit. According to Everest Group’s Key Issues Survey , three-quarters of American workers are looking for a change to their current job. Offering them earned wage access could be the perk that tempts them to stay.

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State Wage Garnishment Laws Chart: Overview | Practical Law

State Wage Garnishment Laws Chart: Overview

Practical law practice note overview w-010-5395  (approx. 57 pages).

[Rev. 5/1/2022 6:20:08 PM--2021]

CHAPTER 31 - ATTACHMENT, GARNISHMENT AND OTHER EXTRAORDINARY REMEDIES

NRS 31.010              Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

NRS 31.013              Issuance of writ of attachment after notice and hearing.

NRS 31.017              Issuance of writ of attachment without notice and hearing.

NRS 31.020              Affidavit for attachment: Contents.

NRS 31.022              Procedure when notice and hearing not required.

NRS 31.024              Procedure when notice and hearing required: Order to show cause.

NRS 31.026              Procedure when notice and hearing required: Hearing.

NRS 31.028              Contents of order for attachment.

NRS 31.030              Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ.

NRS 31.040              Sheriff to attach and keep property; undertaking by defendant.

NRS 31.045              Notice of execution on writ of attachment: Service required; form; contents.

NRS 31.050              Attachment of shares of stock, debts due defendant and other property.

NRS 31.060              Execution of writ of attachment: Manner in which property is to be attached.

NRS 31.065              Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff.

NRS 31.070              Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property.

NRS 31.100              Examination of person served with copy of writ and defendant; delivery and memoranda of personal property.

NRS 31.110              Sheriff’s return of writ; certificate.

NRS 31.120              Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment.

NRS 31.130              Sale of attached property; proceeds to be deposited in court.

NRS 31.140              Satisfaction of judgment by sales of attached property.

NRS 31.150              Deficiency after sale of attached property; sheriff to collect balance as upon an execution.

NRS 31.160              Plaintiff may prosecute undertaking if execution returned unsatisfied.

NRS 31.170              Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal.

NRS 31.180              Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments.

NRS 31.190              Undertaking of defendant; determination of disputed value of property; justification by sureties.

NRS 31.200              Grounds for discharge of attachment.

NRS 31.210              When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits.

NRS 31.220              Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ.

NRS 31.235              Constables have powers and duties of sheriff with respect to writ of attachment.

GARNISHMENT

NRS 31.240              Writ of garnishment may issue at time of issuance of writ of attachment or later.

NRS 31.249              Application to court for writ of garnishment.

NRS 31.260              Issuance and contents of writ of garnishment; notice of execution.

NRS 31.270              Service of writ; tender of garnishee’s fees.

NRS 31.280              Service and return of writ give court jurisdiction.

NRS 31.290              Form of interrogatories to garnishee; garnishee to answer in writing under oath.

NRS 31.291              Garnishment of certain financial institutions.

NRS 31.292              Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators.

NRS 31.293              Unpaid subscription to corporate stock subject to garnishment by creditor of corporation.

NRS 31.294              Procedure for garnishment when another action pending.

NRS 31.2945            Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act.

NRS 31.295              Garnishment of earnings: Limitations on amount.

NRS 31.2955            Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee.

NRS 31.296              Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor.

NRS 31.297              Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings.

NRS 31.298              Garnishment of earnings: Unlawful to discharge or discipline employee.

NRS 31.300              Property to be delivered to sheriff; sale; judgment against garnishee.

NRS 31.310              Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property.

NRS 31.320              Judgment against garnishee on failure to answer; relief from judgment.

NRS 31.330              Answer of garnishee; reply of plaintiff by affidavit.

NRS 31.340              New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.

NRS 31.350              Third person may be interpleaded as defendant; notice; proceedings.

NRS 31.360              Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed.

NRS 31.370              Judgment acquits garnishee for amounts paid.

NRS 31.380              Discharge of garnishee does not bar action by defendant; exception.

NRS 31.390              Judgment against garnishee for debt not due; execution deferred until debt due.

NRS 31.400              Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff.

NRS 31.410              Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff.

NRS 31.420              Disposal of property received by sheriff; reimbursement of plaintiff.

NRS 31.450              Issuance of writ of garnishment after judgment; procedure; liberal construction.

NRS 31.460              New trials and appeals.

ARREST AND BAIL

NRS 31.470              Arrest in civil cases.

NRS 31.480              Cases in which defendant may be arrested.

NRS 31.490              Order for arrest.

NRS 31.500              Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit.

NRS 31.510              Undertaking from plaintiff.

NRS 31.520              Order and arrest; return of order.

NRS 31.530              Delivery of affidavit and order to sheriff and defendant.

NRS 31.540              Arrest of defendant.

NRS 31.550              Defendant to be discharged on bail or deposit.

NRS 31.560              Defendant may give bail.

NRS 31.570              Bail may surrender defendant.

NRS 31.580              Arrest, delivery and surrender of defendant by bail; exoneration of bail.

NRS 31.590              Action against bail.

NRS 31.600              Bail exonerated by death, imprisonment or discharge of defendant.

NRS 31.610              Return of order; plaintiff may except to bail.

NRS 31.620              Notice of justification of bail.

NRS 31.630              Qualifications of bail.

NRS 31.640              Examination of bail.

NRS 31.650              Allowance of bail exonerates sheriff.

NRS 31.660              Deposit by defendant in lieu of bail.

NRS 31.670              Sheriff must pay deposit into court.

NRS 31.680              Undertaking may be substituted for deposit.

NRS 31.690              Disposition of deposit.

NRS 31.700              Liability of sheriff for escape or rescue.

NRS 31.710              Recovery on official bond of sheriff.

NRS 31.720              Defendant may move to vacate arrest or reduce bail; hearing.

NRS 31.730              Vacation of order of arrest and reduction of bail.

DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

NRS 31.740              Persons confined on execution issued on judgment may be discharged.

NRS 31.750              Notice of application for discharge.

NRS 31.760              Service of notice of application.

NRS 31.770              Hearing on application.

NRS 31.780              Oath of defendant on discharge.

NRS 31.790              Order of discharge.

NRS 31.800              Renewal of application for discharge.

NRS 31.810              Effect of discharge; judgment remains in force.

NRS 31.820              Plaintiff may order discharge of prisoner; effect of discharge.

NRS 31.830              Creditor to advance money to jailer for support of prisoner.

CLAIM AND DELIVERY

NRS 31.840              Delivery may be claimed before answer.

NRS 31.850              Requisites of affidavit by plaintiff.

NRS 31.853              Order to show cause; contents; service.

NRS 31.856              Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.

NRS 31.859              Temporary restraining order in lieu of immediate issue of writ of possession.

NRS 31.863              Hearing on order to show cause; undertaking by plaintiff.

NRS 31.866              Writ of possession.

NRS 31.870              Sheriff to take property described in writ; service of writ and undertaking on defendant.

NRS 31.880              Defendant may except to sufficiency of sureties.

NRS 31.890              Return of property to defendant upon giving written undertaking.

NRS 31.900              Justification of defendant’s sureties.

NRS 31.910              Qualifications of sureties and manner of justification.

NRS 31.920              Sheriff may take concealed property by force after demand.

NRS 31.930              Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.

NRS 31.940              Claim by third party; undertaking by plaintiff; determination of title.

NRS 31.950              Sheriff to make return within 20 days after taking property.

      NRS  31.010    Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

      1.  Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

      2.  If the Department of Taxation has taken over the management of a local government at the request of the local government pursuant to subsection 3 of NRS 354.685 , and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the action must be stayed until the following conditions have been satisfied:

      (a) The plaintiff must meet with the Department to formulate a program for the liquidation of the debt owed by the local government to the plaintiff; and

      (b) The Department must adopt a program for the liquidation of the debt owed by the local government to the plaintiff as described in paragraph (a). The Department shall formulate the program not later than 60 days after meeting with the plaintiff pursuant to paragraph (a). The formulation of the program is a final decision for the purposes of judicial review.

      [1911 CPA § 205; RL § 5147; NCL § 8703]—(NRS A 1973, 1170 ; 2005, 1394 ; 2015, 738 )

      NRS  31.013    Issuance of writ of attachment after notice and hearing.    The court may after notice and hearing, order the clerk to issue a writ of attachment in the following cases:

      1.  In an action upon a judgment or upon a contract, express or implied, for the direct payment of money:

      (a) If the judgment is not a lien upon or the contract is not secured by mortgage, lien or pledge upon real or personal property situated in this state; or

      (b) If such lien or security has, without any act of the plaintiff or the person to whom the security was given, become valueless or insufficient in value to secure the sum due the plaintiff, in which case the attachment shall issue only for the unsecured portion of the amount due the plaintiff, which is equal to the excess of the amount due the plaintiff above the value of the security.

      2.  In any case where the attachment of the property of the defendant is allowed pursuant to this chapter or other provision of law.

      3.  In any other case where the court finds that extraordinary circumstances exist which will make it improbable for the plaintiff to reach the property of the defendant by execution after the judgment has been entered.

      (Added to NRS by 1973, 1171 )

      NRS  31.017    Issuance of writ of attachment without notice and hearing.    The court may order the writ of attachment issued without notice to the defendant only in the following cases:

      1.  In an action by a resident of this State against a defendant not residing in this State. For purposes of this subsection only, domestic corporations and foreign corporations who are doing business in this State and who have qualified to do business in this State as required in chapter 80 of NRS shall be deemed residents of this State. Alien corporations and foreign corporations who have not qualified to do business shall be deemed nonresidents.

      2.  In an action upon a foreign judgment for the direct payment of money.

      3.  In an action for the recovery of the value of personal property, where such personal property is owned by the plaintiff and has been taken or converted by the defendant without the consent of the plaintiff.

      4.  In an action by a resident of this State, where the defendant is about to remove the defendant’s money or property, or any part thereof, from this State, and the defendant’s property which may remain within this State, if any, will be insufficient to satisfy plaintiff’s claim. For purposes of this subsection only, a foreign corporation qualified to do business in this State as provided in chapter 80 of NRS shall be deemed a resident of this State.

      5.  Where the defendant is about to give, assign, hypothecate, pledge, dispose of or conceal the defendant’s money or property or any part thereof and the defendant’s money or property remaining in this State or that remaining unconcealed will be insufficient to satisfy the plaintiff’s claim.

      6.  In an action for the recovery of money or property, or the proceeds thereof, obtained from the plaintiff by the defendant through embezzlement, forgery, larceny or extortion.

      7.  In an action brought under chapter 112 of NRS.

      8.  In an action by the State, or a political subdivision thereof, brought under chapter 130 of NRS.

      9.  In an action where jurisdiction in this State can only be obtained by the attachment of the defendant’s property.

      (Added to NRS by 1973, 1172 )

      NRS  31.020    Affidavit for attachment: Contents.

      1.  All applications to the court for an order directing the clerk to issue a writ of attachment without notice to the defendant shall be accompanied by the affidavit of the plaintiff or any other person having personal knowledge of the facts constituting one or more of the grounds for attachment, which affidavit or affidavits shall:

      (a) Set forth clearly the nature of the plaintiff’s claim for relief and that the same is valid.

      (b) Set forth the amount which the affiant believes the plaintiff is entitled to recover from the defendant, and if there is more than one plaintiff or more than one defendant, the amount the affiant believes each plaintiff is entitled to recover or the amount that the plaintiff is entitled to recover from each defendant.

      (c) Describe in reasonable and clear detail all the facts which show the existence of any one of the grounds for an attachment without notice to the defendant.

      (d) Describe in reasonable detail the money or property sought to be attached and the location thereof if known.

      (e) If the property sought to be attached is other than money, set forth to the best knowledge and information of the affiant, the value of such property less any prior liens or encumbrances.

      (f) Name all third persons upon whom a writ of garnishment in aid of the writ of attachment will be served.

      (g) In an action upon a foreign judgment attach a copy of the judgment to the affidavit for attachment as an exhibit.

      (h) State whether, to the best information and belief of the affiant, the money or property sought to be attached is exempt from execution.

      2.  All applications to the court for an order directing the clerk to issue a writ of attachment with notice to the defendant shall be accompanied by an affidavit setting forth the item required by subsection 1, except that such affidavit may show the existence of any one of the grounds for attachment with notice.

      [1911 CPA § 206; RL § 5148; NCL § 8704]—(NRS A 1973, 1172 )

      NRS  31.022    Procedure when notice and hearing not required.    The court shall, without delay, examine the plaintiff’s application and affidavit and receive additional evidence if necessary, and shall order the clerk to issue a writ of attachment without notice to the defendant if:

      1.  The plaintiff’s affidavit, alone or as supplemented by additional evidence, meets the requirements of subsection 1 of NRS 31.020 ; and

      2.  The court determines, specifically, that there exist one or more grounds for attachment without notice as indicated in such affidavit or by additional evidence.

      (Added to NRS by 1973, 1173 )

      NRS  31.024    Procedure when notice and hearing required: Order to show cause.    If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020 , the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. The order must:

      1.  Fix the date and time for hearing on the order, which must not be set sooner than 3 days after the service of the order.

      2.  Direct the time within which service of the order must be made upon the defendant or the defendant’s attorney.

      3.  Fix the manner in which service of the order must be made, which may be by personal service upon the defendant or service upon the defendant’s attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.

      4.  State that the debtor:

      (a) Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of NRS 31.045 and explain that the debtor may claim an exemption if it appears that exempt property may be seized;

      (b) Has the right to file affidavits on the debtor’s behalf; and

      (c) May appear personally or by way of an attorney, and present testimony on the debtor’s behalf at the time of hearing.

      5.  State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.

      (Added to NRS by 1973, 1173 ; A 1989, 1140 )

      NRS  31.026    Procedure when notice and hearing required: Hearing.    A hearing on the order to show cause shall be conducted by the court without a jury. The court at such hearing shall consider all affidavits, testimony and other evidence presented and shall make a determination of the probable validity of the plaintiff’s underlying claim against the defendant. If the court determines such claim is probably valid it shall order the clerk to issue a writ of attachment.

      (Added to NRS by 1973, 1174 )

      NRS  31.028    Contents of order for attachment.    The court or judge issuing any order for attachment with or without notice shall set forth in the order:

      1.  The ground or grounds for attachment relied upon for the issuance of the order.

      2.  The facts or reasons why the court believes the ground or grounds exist.

      3.  The fact that the plaintiff has alleged a meritorious claim for relief.

      4.  The amount for which the attachment will issue.

      5.  The amount of security which must be given by the plaintiff before the writ will issue.

      6.  The names of all third persons upon whom writs of garnishment in aid of attachment may be served.

      7.  A description in reasonable detail of the money or property to be attached, and, if property, the value of the property based upon the evidence or affidavits presented to the court. The writ of attachment shall demand the amount for which attachment will issue, as specified in the order, and the court may order several writs to be issued at the same time to the sheriffs of different counties.

      (Added to NRS by 1973, 1175 )

      NRS  31.030    Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ.

      1.  The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum not less than the amount claimed by the plaintiff or the value of the property to be attached, whichever is less, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the attachment including attorney’s fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the State, and worth double the sum specified in the undertaking over and above all the surety’s debts and liabilities, exclusive of property exempt from execution. In the case of an attachment issued with notice to the defendant, or in any case upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. No bond may be required of the State or of an officer or agency thereof.

      2.  Before issuing the writ of attachment the clerk shall require the filing by the plaintiff of the written undertaking required by the court pursuant to subsection 1.

      3.  At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If the defendant fails to do so, the defendant is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.

      [1911 CPA § 207; A 1949, 499 ; 1943 NCL § 8705]—(NRS A 1957, 271 ; 1965, 1003 ; 1973, 1174 )

      NRS  31.040    Sheriff to attach and keep property; undertaking by defendant.    The writ must be directed to the sheriff of any county in which property of the defendant may be and require the sheriff to attach and keep safely all the money or property of the defendant described in the order for attachment within the county not exempt from execution, or so much thereof as is sufficient to satisfy the amount demanded by the writ of attachment, whichever is less, unless the defendant gives the sheriff security by the undertaking of at least two sufficient sureties in an amount equal to the amount demanded by the writ or the value of the property levied upon, whichever is less, apart from costs, in lawful money of the United States, in which case the writ must require the sheriff to take such an undertaking.

      [1911 CPA § 208; RL § 5150; NCL § 8706]—(NRS A 1973, 1175 ; 1989, 586 ; 1997, 419 )

      NRS  31.045    Notice of execution on writ of attachment: Service required; form; contents.

      1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013 ; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076 .

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

       Plaintiff, .................... (name of person), alleges that you owe the plaintiff money. The plaintiff has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

       2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

       3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as disability, illness or unemployment benefits.

       7.  Payments received as unemployment compensation.

       8.  Veteran’s benefits.

       9.  A homestead in a dwelling or a mobile home, including, subject to the provisions of NRS 115.055 , the proceeds from the sale of such property, not to exceed $605,000, unless:

       (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

       10.  All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

       11.  A vehicle, if your equity in the vehicle is less than $15,000.

       12.  Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

       13.  Money, not to exceed $500,000 in present value, held in:

       (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

       (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

       (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

       (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

       (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

       14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

       15.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

       16.  Regardless of whether a trust contains a spendthrift provision:

       (a) A present or future interest in the income or principal of a trust that is a contingent interest, if the interest has not been satisfied or removed;

       (b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;

       (c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;

       (d) Certain powers held by a trust protector or certain other persons; and

       (e) Any power held by the person who created the trust.

       17.  If a trust contains a spendthrift provision:

       (a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and

       (b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.

       18.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       19.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

       20.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

       21.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

       22.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

       23.  Payments received as restitution for a criminal act.

       24.  Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.

       25.  A tax refund received from the earned income credit provided by federal law or a similar state law.

       26.  Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing must be held within 7 judicial days after the objection to the claim of exemption and notice for a hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.

       IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

       If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      (Added to NRS by 1989, 1139 ; A 1991, 814 , 1415 ; 1993, 2631 ; 1995, 230 ; 1997, 269 , 3416 ; 2003, 1014 , 1816 ; 2005, 387 , 1017 , 2233 ; 2007, 2713 , 3021 ; 2009, 811 ; 2011, 1413 , 1901 ; 2017, 1974 ; 2019, 286 , 1842 )

      NRS  31.050    Attachment of shares of stock, debts due defendant and other property.    Subject to the order for attachment and the provisions of NRS 78.746 and chapter 104 of NRS, the right of shares which the defendant may have in the stock of any corporation or company, together with the interest and profits therein, and all debts due such defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.

      [1911 CPA § 209; RL § 5151; NCL § 8707]—(NRS A 1965, 914 ; 1973, 1175 ; 2007, 2716 )

      NRS  31.060    Execution of writ of attachment: Manner in which property is to be attached.    Subject to the requirements of NRS 31.045 , the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:

      1.  Real property must be attached by leaving a copy of the writ with the occupant of the property or, if there is no occupant, by posting a copy in a conspicuous place on the property and recording the writ, together with a description of the property attached, with the recorder of the county.

      2.  Personal property must be attached:

      (a) By taking it into immediate custody, and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131 , or common motor carrier, as defined in NRS 706.036 , to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or

      (b) By placing a keeper in charge of a going business where the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at the defendant’s own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.

Ê If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.

      3.  Any mobile home, as defined in NRS 40.215 , must be attached by:

      (a) Posting a copy of the writ in a conspicuous place on the mobile home;

      (b) Taking it into immediate custody, subject to the provisions of subsection 2; or

      (c) Placing a keeper in charge of the mobile home for 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:

             (1) During which period, the defendant may continue to occupy the mobile home; and

            (2) After which period, the sheriff shall take the mobile home into the sheriff’s immediate custody, subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.

      4.  Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460 , inclusive.

      [1911 CPA § 210; A 1953, 548 ]—(NRS A 1957, 272 ; 1965, 914 ; 1971, 1500 ; 1973, 1176 ; 1989, 462 , 586 , 605 , 1141 , 1147 ; 1997, 419 ; 2001, 1749 ; 2017, 1978 )

      NRS  31.065    Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff.

      1.  In cases where the sheriff is instructed to take into possession easily transportable personal property, whether it is to be placed in a warehouse or storage yard or in the custody of a keeper, the sheriff shall require, as prerequisite to the taking of the property, that in addition to written instructions the plaintiff or the plaintiff’s attorney of record deposit with the sheriff a sum of money sufficient to pay the expenses of taking, transporting and keeping safely the property for a period not to exceed 30 days.

      2.  If a further detention of the property is required, the sheriff shall make written demands upon the plaintiff or the plaintiff’s attorney for further deposits to cover estimated expenses for periods not to exceed 30 days each. If the attaching party desires to make a greater deposit, the attaching party may do so. Such demand must be personally served on the plaintiff or the plaintiff’s attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or the plaintiff’s attorney or the demand must be deposited in the post office in a sealed envelope, as first-class registered or certified mail postage prepaid, addressed to the person on whom it is served or the person’s attorney at the last known office or place of residence.

      3.  If the money so demanded is not paid, the sheriff shall notify the defendant within 5 days after money for storing and handling the property is no longer available and shall release the property to the persons from whom it was taken. Failure so to notify the defendant imposes liability on the sheriff for the expenses unless sufficient money can be obtained from the plaintiff.

      (Added to NRS by 1965, 1226 ; A 1969, 95 ; 1973, 1177 ; 1989, 463 )

      NRS  31.070    Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property.

      1.  If the property levied on is claimed by a third person as the person’s property by a written claim verified by the person’s oath or that of the person’s agent, setting out the person’s right to the possession thereof, and served upon the sheriff, the sheriff must release the property if the plaintiff, or the person in whose favor the writ of attachment runs, fails within 7 days after written demand to give the sheriff an undertaking executed by at least two good and sufficient sureties in a sum equal to double the value of the property levied on. If such undertaking be given, the sheriff shall hold the property. The sheriff, however, shall not be liable for damages to any such third person for the taking or keeping of such property if no claim is filed by any such third person.

      2.  Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability, damages, costs and counsel fees by reason of such seizing, taking, withholding or sale of such property by the sheriff. By entering into such an undertaking the sureties thereunder submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as agent upon whom any papers affecting liability on the undertaking may be served. Liability on such undertaking may be enforced on motion to the court without the necessity of an independent action. The motion and such reasonable notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.

      3.  Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under titles 2 and 3 of NRS. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within 7 days after notice of receipt of the undertaking, the third person shall be deemed to have waived any and all objections to the sufficiency of the sureties.

      4.  The sheriff may demand and exact the undertaking herein provided for notwithstanding any defect, informality or insufficiency of the verified claim served upon the sheriff.

      5.  Whenever a verified third-party claim is served upon the sheriff upon levy of the writ of attachment, the plaintiff or the third-party claimant is entitled to a hearing within 10 days therefrom before the court having jurisdiction of the action, in order to determine title to the property in question, which hearing must be granted by the court upon the filing of an application or petition therefor. Seven days’ notice of such hearing must be given to all parties to the action and all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. The court may continue the hearing beyond the 10-day period, but good cause must be shown for any such continuance.

      [1911 CPA § 210 1/2; added 1933, 88 ; 1931 NCL § 8708.01]—(NRS A 1965, 550 ; 1973, 1178 )

      NRS  31.100    Examination of person served with copy of writ and defendant; delivery and memoranda of personal property.    After the writ has been issued, any person owing debts to the defendant or having in the person’s possession or under the person’s control any credits or other personal property belonging to the defendant, may, by subpoena, be required to give a deposition or attend before the court, or judge, or a master appointed by the court or judge, and be examined on oath respecting the same. After the writ has been issued, the defendant may also be required to give a deposition or attend for the purpose of giving information respecting the defendant’s property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof.

      [1911 CPA § 213; RL § 5155; NCL § 8711]—(NRS A 1973, 1178 )

      NRS  31.110    Sheriff’s return of writ; certificate.    The sheriff shall return the writ of attachment within 25 days after its receipt, with a certificate of the sheriff’s proceeding endorsed thereon or attached thereto. The certificate must contain the date, time and place of each levy upon real or personal property, a full inventory of the personal property attached, a description of all real property attached, and the date, time and place where each writ of garnishment was served. The sheriff shall also attach to the writ of attachment a true and correct copy of each writ of garnishment served.

      [1911 CPA § 214; RL § 5156; NCL § 8712]—(NRS A 1973, 1179 ; 1991, 195 )

      NRS  31.120    Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment.    If any of the property attached is perishable, the sheriff shall sell it in the manner prescribed by the court. The proceeds and other property attached by the sheriff shall be retained by the sheriff to answer any judgment that may be recovered in the action, unless sooner subject to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by the sheriff, if the same can be done without suit. The sheriff’s receipt shall be a sufficient discharge for the amount paid.

      [1911 CPA § 215; RL § 5157; NCL § 8713]—(NRS A 1973, 1179 )

      NRS  31.130    Sale of attached property; proceeds to be deposited in court.    Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court, or a judge thereof, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment of the action. Such order can be made only upon notice to the adverse party or the adverse party’s attorney.

      [1911 CPA § 216; RL § 5158; NCL § 8714]

      NRS  31.140    Satisfaction of judgment by sales of attached property.    If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by the sheriff which has not been delivered to the defendant or a claimant, as hereinafter provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose:

      1.  By paying to the plaintiff the proceeds of all sales of perishable property sold by the sheriff or of any debts or credits collected by the sheriff, or so much as shall be necessary to satisfy the judgment.

      2.  If any balance remain due, and an execution shall have been issued on the judgment, the sheriff shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriff’s hands. Notice of the sales shall be given, and the sales conducted as in other cases of sales on execution.

      [1911 CPA § 217; RL § 5159; NCL § 8715]

      NRS  31.150    Deficiency after sale of attached property; sheriff to collect balance as upon an execution.    If, after selling all the property attached by the sheriff remaining in the sheriff’s hands, and applying the proceeds, together with the proceeds of any debts or credits collected by the sheriff, deducting the fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in the sheriff’s hands, and any proceeds of the property attached unapplied on the judgment.

      [1911 CPA § 218; RL § 5160; NCL § 8716]

      NRS  31.160    Plaintiff may prosecute undertaking if execution returned unsatisfied.    If the execution be returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to NRS 31.040 or 31.190 , or the plaintiff may proceed as in other cases upon the return of an execution.

      [1911 CPA § 219; RL § 5161; NCL § 8717]

      NRS  31.170    Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal.    If the defendant recovers judgment against the plaintiff, or if the claim for relief upon which the attachment is based is dismissed, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, shall be delivered to the defendant or the defendant’s agent, and the order of attachment shall be discharged and the property released therefrom; but if an appeal is taken from an order dissolving or discharging the attachment, from a final judgment in favor of the defendant or from an order dismissing the claim for relief upon which the attachment is based, the court may, upon such terms as are just, stay or enjoin the release by the sheriff and the dissolution of the writ pending the appeal.

      [1911 CPA § 220; A 1913, 30 ; NCL § 8718]—(NRS A 1973, 1179 )

      NRS  31.180    Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments.

      1.  Whenever the defendant shall have appeared in the action, the defendant may apply, upon reasonable notice to the plaintiff, to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment, wholly or in part, upon the execution and filing of the undertaking mentioned in NRS 31.190 . Such order may be granted directing the release from the operation of the attachment, upon the filing of such undertaking and the justification of the sureties thereon, if required by the plaintiff, of all or any part of the property, money, debts or credits attached, as the case may be. All the proceeds of sales and moneys collected by the sheriff, and all the property attached remaining in the sheriff’s hands, so released, shall be delivered or paid to the defendant upon the filing of such undertaking and making such justification, if required by the plaintiff.

      2.  The plaintiff and defendant may stipulate in writing that the attachment of defendant’s property may be released wholly or in part. Upon the filing of such a stipulation, the sheriff shall release the property pursuant to the stipulation.

      [1911 CPA § 221; RL § 5163; NCL § 8719]—(NRS A 1967, 270 )

      NRS  31.190    Undertaking of defendant; determination of disputed value of property; justification by sureties.

      1.  On granting an order for discharge of attachment pursuant to NRS 31.180 , the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed:

      (a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released equals or exceeds the demand of the writ, that the defendant will pay to the plaintiff the amount of the judgment which may be recovered in favor of the plaintiff in the action or the demand of the writ, whichever is less; or

      (b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released is less than the demand of the writ, that the defendant will pay the amount of money, debts or credits, or value of the property sought to be released, in lawful money of the United States.

      2.  The value of the property sought to be released, if disputed, shall be determined by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose.

      3.  Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, the plaintiff shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant may in the defendant’s notice name the sureties, and if the plaintiff require them to justify the plaintiff shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice.

      [1911 CPA § 222; RL § 5164; NCL § 8720]—(NRS A 1961, 421 ; 1973, 1180 )

      NRS  31.200    Grounds for discharge of attachment.

      1.  The defendant may also, at any time before trial, apply by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds:

      (a) That the writ was improperly or improvidently issued.

      (b) That the property levied upon is exempt from execution or necessary and required by the defendant for the support and maintenance of the defendant and the members of the defendant’s family.

      (c) That the levy is excessive.

      2.  If the court or the judge thereof on the hearing of such motion shall find that any of the grounds stated in subsection 1 exist, the attachment and levy thereof shall be discharged. If the motion is based upon paragraph (c) of subsection 1 only, and the fact is found to exist, the discharge of attachment shall be only as to the excess.

      [1911 CPA § 223; A 1921, 4 ; NCL § 8721]—(NRS A 1973, 1180 )

      NRS  31.210    When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits.    If the motion is made upon affidavits on the part of the defendant, the plaintiff may oppose it by affidavits or other evidence, in addition to those on which the writ of attachment was issued.

      [1911 CPA § 224; RL § 5166; NCL § 8722]—(NRS A 1973, 1181 )

      NRS  31.220    Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ.    If upon such application it satisfactorily appears that the writ of attachment was improperly, improvidently or irregularly issued, it must be discharged; but the release of the property shall not be ordered if, at or before the hearing on such application, the court orders a new writ to be issued as provided in NRS 31.024 and 31.026 , in which case the sheriff shall relevy upon the property under the new writ.

      [1911 CPA § 225; RL § 5167; NCL § 8723]—(NRS A 1973, 1181 )

      NRS  31.235    Constables have powers and duties of sheriff with respect to writ of attachment.    A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to this chapter with respect to a writ of attachment.

      (Added to NRS by 2011, 1901 )

      NRS  31.240    Writ of garnishment may issue at time of issuance of writ of attachment or later.    At the time of the order directing a writ of attachment to issue or at any time thereafter, the court may order that a writ of garnishment issue, and thereupon cause the money, credits, effects, debts, choses in action and other personal property of the defendant in the possession or under the control of any third person to be attached as security for any judgment the plaintiff may recover in the action against the defendant.

      [1911 CPA § 227; RL § 5169; NCL § 8725]—(NRS A 1973, 1181 )

      NRS  31.249    Application to court for writ of garnishment.

      1.  No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:

      (a) In the order directing the clerk to issue a writ of attachment; or

      (b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.

      2.  The plaintiff’s application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee:

      (a) Is the employer of the defendant; or

      (b) Is indebted to or has property in the garnishee’s possession or under the garnishee’s control belonging to the defendant,

Ê and that to the best of the knowledge and belief of the affiant, the defendant’s future wages, the garnishee’s indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the State Controller.

      3.  The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.

      4.  Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.

      5.  If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority.

      (Added to NRS by 1973, 1181 ; A 1985, 1012 ; 1989, 700 )

      NRS  31.260    Issuance and contents of writ of garnishment; notice of execution.

      1.  The writ of garnishment must:

      (a) Be issued by the sheriff.

      (b) Contain the name of the court and the names of the parties.

      (c) Be directed to the garnishee defendant.

      (d) State the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address.

      (e) Require each person the court directs, as garnishees, to submit to the sheriff an answer to the interrogatories within 20 days after service of the writ upon the person.

      2.  The writ of garnishment must also notify the garnishee defendant that, if the garnishee defendant fails to answer the interrogatories, a judgment by default will be rendered against the garnishee defendant for:

      (a) The amount demanded in the writ of garnishment or the value of the property described in the writ, as the case may be; or

      (b) If the garnishment is pursuant to NRS 31.291 , the amount of the lien created pursuant to that section,

Ê which amount or property must be clearly set forth in the writ of garnishment.

      3.  Execution on the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in NRS 21.076 . In the case of a writ of garnishment that continues for 180 days or until the amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant.

      [1911 CPA § 229; RL § 5171; NCL § 8727]—(NRS A 1973, 1182 ; 1989, 1141 ; 2001, 474 ; 2017, 1979 )

      NRS  31.270    Service of writ; tender of garnishee’s fees.

      1.  The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided by rule of court or law of this state for the service of a summons in a civil action.

      2.  At the time of the service of the writ of garnishment, the garnishee shall be paid or tendered by the plaintiff in the action or the officer serving the writ a fee of $5, and unless such sum is paid or tendered to the garnishee defendant or the person upon whom service is made for the garnishee defendant, service shall be deemed incomplete.

      [1911 CPA § 230; A 1953, 548 ]—(NRS A 1973, 1182 )

      NRS  31.280    Service and return of writ give court jurisdiction.    The sheriff’s return of the writ of garnishment showing due service of the writ of garnishment upon one or more garnishee defendants with the payment or tender of the garnishee’s fees shall give the court jurisdiction to proceed against each such garnishee.

      [1911 CPA § 231; RL § 5173; NCL § 8729]—(NRS A 1973, 1183 )

      NRS  31.290    Form of interrogatories to garnishee; garnishee to answer in writing under oath.

      1.  The interrogatories to be submitted with any writ of execution, attachment or garnishment to the garnishee may be in substance as follows:

INTERROGATORIES

             Are you in any manner indebted to the defendants....................................

..........................................................................................................................................

......................................................................................................................................... ,

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

             Answer:..............................................................................................................

             Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount of disposable earnings, as defined in NRS 31.295 , that each defendant presently earns during a pay period. State the minimum amount of disposable earnings that is exempt from this garnishment, which is the federal minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., in effect at the time the earnings are payable multiplied by 50 for each week of the pay period, after deducting any amount required by law to be withheld.

Calculate the garnishable amount as follows:

(Check one of the following) The employee is paid:

[A] Weekly: __ [B] Biweekly: __ [C] Semimonthly: __ [D] Monthly: __

       (1) Gross Earnings                                                                       $__________

       (2) Deductions required by law (not including child support) ________ $       

       (3) Disposable Earnings [Subtract line 2 from line 1]           $__________

       (4) Federal Minimum Wage                                                       $__________

       (5) Multiply line 4 by 50                                                             $__________

       (6) Complete the following directions in accordance with the letter selected above:

       [A] Multiply line 5 by 1                                                              $__________

       [B] Multiply line 5 by 2                                                              $__________

       [C] Multiply line 5 by 52 and then divide by 24                     $__________

       [D] Multiply line 5 by 52 and then divide by 12                    $__________

       (7) Subtract line 6 from line 3                                                    $__________

       This is the attachable earnings. This amount must not exceed 18% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770.

       What is the gross weekly salary or wage of the employee? The gross weekly salary or wage of an employee must be determined as follows:

       1.  Except as otherwise provided in numbers 2 and 3 below, by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.

       2.  If the most recent writ of garnishment was issued at the beginning of the current calendar year before the employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.

       3.  If the employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of number 1 or 2 above do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.

       For the purpose of determining the total number of weeks the employee has worked in the current calendar year or the total number of weeks the employee worked in the previous calendar year, as applicable, if the total number of weeks is not exact, the number must be rounded down if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 3 days or less, and rounded up if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 4 days or more.

             Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................is interested? If so, state its value, and state fully all particulars.

             Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ...........................is interested, and now in the possession or under the control of others? If so, state particulars.

             Are you a financial institution with a personal account held by one or all of the defendants? If so, state the account number and the amount of money in the account which is subject to garnishment. As set forth in NRS 21.105 , $2,000 or the entire amount in the account, whichever is less, is not subject to garnishment if the financial institution reasonably identifies that an electronic deposit of money has been made into the account within the immediately preceding 45 days which is exempt from execution, including, without limitation, payments of money described in NRS 21.105 or, if no such deposit has been made, $400 or the entire amount in the account, whichever is less, is not subject to garnishment, unless the garnishment is for the recovery of money owed for the support of any person. The amount which is not subject to garnishment does not apply to each account of the judgment debtor, but rather is an aggregate amount that is not subject to garnishment.

             State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

                                                                                   .......................................................

                                                                                                       Garnishee

             I (insert the name of the garnishee), declare under penalty of perjury that the answers to the foregoing interrogatories by me subscribed are true and correct.

                                                                                           (Signature of garnishee)

      2.  The garnishee shall answer the interrogatories in writing upon oath or affirmation and submit the answers to the sheriff within the time required by the writ. The garnishee shall submit his or her answers to the judgment debtor within the same time. If the garnishee fails to do so, the garnishee shall be deemed in default.

      [1911 CPA § 232; RL § 5174; NCL § 8730]—(NRS A 1973, 1183 ; 1985, 20 ; 1989, 700 , 1142 , 1146 ; 2001, 20 , 475 ; 2011, 1905 ; 2017, 1980 )

      NRS  31.291    Garnishment of certain financial institutions.

      1.  Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:

      (a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other personal property.

      (b) If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer or agent constitutes a valid levy on any debt, credit or other personal property owing by any branch or military facility of the bank.

      (c) If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.

      2.  Debts and credits due or to become due from a credit union, savings and loan association or savings bank incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the credit union, savings and loan association or savings bank must be garnished by serving the writ of garnishment in the same manner as upon banks pursuant to subsection 1.

      3.  A garnishment pursuant to this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account.

      4.  No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in NRS 31.045 and in the manner prescribed in NRS 21.076 .

      (Added to NRS by 1973, 1185 ; A 1985, 21 ; 1989, 1143 ; 1995, 107 ; 1999, 1455 )

      NRS  31.292    Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators.

      1.  Clerks of the courts, sheriffs, justices of the peace, peace officers and all other officers who may, by virtue of their office, collect or hold money belonging to a defendant and all guardians, attorneys and trustees are subject to garnishment in the same manner and to the same extent as other persons are subject to be garnished.

      2.  Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment may be rendered against them until a settlement is made of the estate, unless they assent to the legacy or admit assets to pay the amount claimed, or some portion thereof, out of the distributive share of the debtor.

      (Added to NRS by 1973, 1185 )

      NRS  31.293    Unpaid subscription to corporate stock subject to garnishment by creditor of corporation.    Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts.

      NRS  31.294    Procedure for garnishment when another action pending.    Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the other action, must stay such proceedings against such garnishee until notified that a final judgment has been rendered. Upon such notification the court shall make an appropriate order, according to the judgment, in favor of the defendant for the use of the plaintiff or in favor of the garnishee defendant. The judgment, if rendered against the garnishee, acquits the garnishee from all demands by the defendant for all money, property, goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.

      NRS  31.2945    Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act.

      1.  Any judgment debtor who is a resident of this State and who maintains an account or any other property at a branch of a financial institution located in this State or whose earnings are derived from employment in this State may bring a civil action against a judgment creditor under a foreign judgment if the judgment creditor, without satisfying the requirements of NRS 17.330 to 17.400 , inclusive, has obtained a writ of garnishment to satisfy all or part of the foreign judgment from:

      (a) The earnings of the judgment debtor derived from employment in this State; or

      (b) Money in the account or any other property maintained by the judgment debtor at a branch of a financial institution located in this State.

      2.  A judgment debtor who prevails in an action brought under this section may recover from the judgment creditor damages equal to two times any amount paid to the judgment creditor under the writ of garnishment. If the judgment debtor prevails in an action brought under this section, the court must award reasonable attorney’s fees and costs to the plaintiff.

      3.  As used in this section, “foreign judgment” has the meaning ascribed to it in NRS 17.340 .

      (Added to NRS by 2017, 1973 )

      NRS  31.295    Garnishment of earnings: Limitations on amount.

      1.  As used in this section:

      (a) “Disposable earnings” means that part of the earnings of any person remaining after the deduction from those earnings of any amounts required by law to be withheld.

      (b) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      2.  The maximum amount of the aggregate disposable earnings of a person which are subject to garnishment may not exceed:

      (a) Eighteen percent of the person’s disposable earnings for the relevant workweek if the person’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less;

      (b) Twenty-five percent of the person’s disposable earnings for the relevant workweek if the person’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770; or

      (c) The amount by which the person’s disposable earnings for that week exceed 50 times the federal minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., in effect at the time the earnings are payable,

Ê whichever is less.

      3.  The restrictions of subsection 2 do not apply in the case of:

      (a) Any order of any court for the support of any person.

      (b) Any order of any court of bankruptcy.

      (c) Any debt due for any state or federal tax.

      4.  Except as otherwise provided in this subsection, the maximum amount of the aggregate disposable earnings of a person for any workweek which are subject to garnishment to enforce any order for the support of any person may not exceed:

      (a) Fifty percent of the person’s disposable earnings for that week if the person is supporting a spouse or child other than the spouse or child for whom the order of support was rendered; or

      (b) Sixty percent of the person’s disposable earnings for that week if the person is not supporting such a spouse or child,

Ê except that if the garnishment is to enforce a previous order of support with respect to a period occurring at least 12 weeks before the beginning of the workweek, the limits which apply to the situations described in paragraphs (a) and (b) are 55 percent and 65 percent, respectively.

      (Added to NRS by 1971, 1499 ; A 1985, 1430 ; 2005, 1020 ; 2017, 1982 )

      NRS  31.2955    Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee.

      1.  For the purposes of NRS 31.240 to 31.460 , inclusive:

      (a) Except as otherwise provided in paragraphs (b) and (c), the gross weekly salary or wage of an employee must be determined by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.

      (b) If the most recent writ of garnishment was issued at the beginning of the current calendar year before an employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, the gross weekly salary or wage of the employee must be determined by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.

      (c) If an employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of paragraph (a) or (b) do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.

      2.  For the purpose of determining the total number of weeks an employee has worked in the current calendar year pursuant to paragraph (a) of subsection 1 or the total number of weeks an employee worked in the previous calendar year pursuant to paragraph (b) of subsection 1, if the total number of weeks is not exact, the number must be:

      (a) Rounded down if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 3 days or less; and

      (b) Rounded up if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 4 days or more.

      (Added to NRS by 2017, 1974 )

      NRS  31.296    Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor.

      1.  Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 180 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.

      2.  In addition to the fee set forth in NRS 31.270 , a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.

      3.  If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:

      (a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.

      (b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.

      4.  The judgment creditor who caused the writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 180 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor’s right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. Any subsequent application for writ made by the judgment creditor concerning the same debt must not be approved unless such an accounting and report are submitted with the application.

      (Added to NRS by 1989, 699 ; A 2011, 1907 ; 2013, 3811 ; 2017, 1983 )

      NRS  31.297    Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings.

      1.  If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misrepresents the earnings of the defendant, the court may order the employer to appear and show cause why the employer should not be subject to the penalties prescribed in subsection 2.

      2.  If after a hearing upon the order to show cause, the court determines that an employer, without legal justification, refused to withhold the earnings of a defendant demanded in a writ of garnishment or knowingly misrepresented the earnings of the defendant, the court shall order the employer to pay the plaintiff, if the plaintiff has received a judgment against the defendant, the amount of arrearages caused by the employer’s refusal to withhold or the employer’s misrepresentation of the defendant’s earnings. In addition, the court may order the employer to pay the plaintiff punitive damages in an amount not to exceed $1,000 for each pay period in which the employer has, without legal justification, refused to withhold the defendant’s earnings or has misrepresented the earnings.

      (Added to NRS by 1989, 699 )

      NRS  31.298    Garnishment of earnings: Unlawful to discharge or discipline employee.    It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment.

      (Added to NRS by 1989, 700 )

      NRS  31.300    Property to be delivered to sheriff; sale; judgment against garnishee.

      1.  If the answer of the garnishee shows that the garnishee has personal property of any kind in his or her possession, or under his or her control, belonging to the defendant, the court, upon application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant.

      2.  If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under the garnishee’s control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or the garnishee’s attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless the garnishee’s answer shall be successfully controverted as hereinafter provided.

      [1911 CPA § 233; RL § 5175; NCL § 8731]—(NRS A 1973, 1186 )

      NRS  31.310    Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property.

      1.  Subject to order of the court, a garnishee defendant upon whom a writ of garnishment has been duly served shall not pay any debt due or to become due to the defendant and shall retain in the garnishee’s possession and control, or deliver to the sheriff as provided herein, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant.

      2.  In all cases the garnishee, upon submitting the garnishee’s answers to the garnishee interrogatories, may deliver to the sheriff or the officer serving the writ the property belonging to the defendant, together with the money due to the defendant, and the sheriff or officer shall give the garnishee defendant a receipt therefor, and thereupon the garnishee is relieved from further liability in the proceedings, unless the garnishee’s answer is successfully controverted.

      3.  The sheriff or officer shall hold the property and money to be dealt with as provided in NRS 31.300 and shall, by certificate, make return to the court showing the receipt thereof specifically describing the money and property and setting forth the date and time of its receipt. The certificate forms a part of the return of the writ of garnishment.

      [1911 CPA § 234; RL § 5176; NCL § 8732]—(NRS A 1973, 1186 ; 2001, 476 )

      NRS  31.320    Judgment against garnishee on failure to answer; relief from judgment.

      1.  If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of the payment or tender is duly certified by the officer who served the writ over the officer’s official signature, or that fact is made to appear by the person serving the writ under oath, but the garnishee fails, neglects or refuses to answer the interrogatories within the time required, the court shall, upon application therefor by the plaintiff with at least 5 days’ notice of the hearing upon the application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for:

      (a) The value of the property or amount of money specified in the writ of garnishment; or

      (b) If the garnishment is pursuant to NRS 31.291 , the amount of the lien created pursuant to that section.

      2.  On motion and upon such terms as are just, the court may relieve a garnishee defendant or the garnishee defendant’s legal representative from any final judgment against the garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases.

      [1911 CPA § 235; RL § 5177; NCL § 8733]—(NRS A 1973, 1187 ; 2001, 476 )

      NRS  31.330    Answer of garnishee; reply of plaintiff by affidavit.    If the garnishee answers as required by the writ, the plaintiff may, within 20 days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit traversing the same; the plaintiff may also in the plaintiff’s reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff fails to reply within the time aforesaid, the plaintiff shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly.

      [1911 CPA § 236; RL § 5178; NCL § 8734]—(NRS A 1973, 1187 )

      NRS  31.340    New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.    New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding is as favorable to the garnishee as the garnishee’s answer, the garnishee shall recover costs of the proceeding against the plaintiff, together with a reasonable attorney’s fee, otherwise the plaintiff shall recover costs against the garnishee, together with a reasonable attorney’s fee.

      [1911 CPA § 237; RL § 5179; NCL § 8735]—(NRS A 1973, 1187 )

      NRS  31.350    Third person may be interpleaded as defendant; notice; proceedings.    When the answer of the garnishee discloses that any other person than the defendant claims the indebtedness or property in the garnishee’s hands, and the name and address of such claimant, the court shall, on motion and notice to all parties to the action including the garnishee defendant, order that such claimant be interpleaded as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon the claimant, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action, and shall answer within 20 days, setting forth the claimant’s claim, or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant.

      [1911 CPA § 238; RL § 5180; NCL § 8736]—(NRS A 1973, 1188 )

      NRS  31.360    Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed.    Every garnishee shall be allowed to retain or deduct out of the property, effects or credits of the defendant in the garnishee’s hands all demands against the plaintiff and all demands against the defendant of which the garnishee could have availed himself or herself if the garnishee had not been summoned as garnishee, whether the same are at the time due or not, and the garnishee shall be liable for the balance, only after all mutual demands between the garnishee and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries; but the verdict or finding as well as the record of the judgment shall show in all cases against which party, and the amount thereof, any counterclaim shall be allowed, if any shall be allowed.

      [1911 CPA § 239; RL § 5181; NCL § 8737]

      NRS  31.370    Judgment acquits garnishee for amounts paid.    The judgment against a garnishee shall acquit the garnishee from all demands by the defendant for all goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.

      [1911 CPA § 240; RL § 5182; NCL § 8738]

      NRS  31.380    Discharge of garnishee does not bar action by defendant; exception.    If the person summoned as garnishee is discharged for any reason, except the payment by the garnishee of the money or property the garnishee holds for the benefit of the defendant, the judgment shall be no bar to an action brought against the garnishee by the defendant for the same demand.

      [1911 CPA § 241; RL § 5183; NCL § 8739]—(NRS A 1973, 1188 )

      NRS  31.390    Judgment against garnishee for debt not due; execution deferred until debt due.    When the judgment is rendered against any garnishee and it shall appear that the debt from the garnishee to the defendant is not yet due, execution shall not issue until the debt shall have become due.

      [1911 CPA § 242; RL § 5184; NCL § 8740]

      NRS  31.400    Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff.    When any personal property, choses in action or effects of the defendant in the hands of a garnishee are subject to a security interest, or in any way liable for the payment of a debt to the garnishee, the plaintiff may, under an order of the court for that purpose, pay or tender the amount due to the garnishee, and thereupon the garnishee shall deliver the personal property, choses in action and effects to the sheriff as in other cases.

      [1911 CPA § 243; RL § 5185; NCL § 8741]—(NRS A 1965, 915 )

      NRS  31.410    Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff.    If the personal property or effects are held for any purpose other than to secure the payment of money, and if the contract, condition or other thing to be done or performed is such as can be performed by the plaintiff without damage to the other parties, the court may make an order for the performance thereof by the plaintiff, and upon such performance, or a tender of performance, the garnishee shall deliver the personal property and effects to the sheriff as in other cases.

      [1911 CPA § 244; RL § 5186; NCL § 8742]

      NRS  31.420    Disposal of property received by sheriff; reimbursement of plaintiff.    All personal property, choses in action and effects received by the sheriff under either NRS 31.400 or 31.410 shall be disposed of in the same manner as if they had been delivered by the garnishee without condition, except that the plaintiff shall, out of the proceeds thereof, be first repaid the amount paid by the plaintiff to the garnishee for the redemption of the same, or shall be indemnified for any other act or thing by the plaintiff done or performed, pursuant to the order of the court for the redemption of the same.

      [1911 CPA § 245; RL § 5187; NCL § 8743]

      NRS  31.450    Issuance of writ of garnishment after judgment; procedure; liberal construction.    Any person having a judgment remaining unsatisfied in any court of record in the State, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment, and all rights, remedies and proceedings under this chapter are hereby made specifically available and applicable for the relief and security of such judgment creditor, the same as for a plaintiff in attachment, and the same are also made especially available and applicable for the protection and security of the judgment debtor and the garnishee, the same as for the defendant and garnishee in attachment; and the forms of all affidavits, interrogatories, writs, answers, oaths, orders, trials, judgments and other process and proceedings hereinbefore provided for cases of garnishment before judgment, with appropriate variations, shall apply to cases of garnishment after judgment; and all courts shall be liberal in allowing amendments, and in construing this chapter so as to promote the objects thereof.

      [1911 CPA § 248; RL § 5190; NCL § 8746]—(NRS A 1973, 1188 )

      NRS  31.460    New trials and appeals.    Motions for new trial may be made in the same time and manner and shall be allowed for the same grounds in garnishment proceedings as in other civil trials; and appeals may be taken and prosecuted from any final judgment or order in such proceedings as in other civil cases.

      [1911 CPA § 249; RL § 5191; NCL § 8747]

      NRS  31.470    Arrest in civil cases.    No person shall be arrested in a civil action except as prescribed by this chapter.

      [1911 CPA § 145; RL § 5087; NCL § 8643]

      NRS  31.480    Cases in which defendant may be arrested.    The defendant may be arrested, as hereinafter prescribed, in the following cases:

      1.  In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud the defendant’s creditors, or when the action is for libel or slander.

      2.  In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his or her own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk in the course of his or her employment as such or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for a willful violation of duty.

      3.  In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff.

      4.  When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought.

      5.  When the defendant has removed or disposed of the defendant’s property, or is about to do so, with intent to defraud the defendant’s creditors.

      [1911 CPA § 146; RL § 5088; NCL § 8644]

      NRS  31.490    Order for arrest.    An order for the arrest of the defendant shall be obtained from a judge of the court in which the action is brought.

      [1911 CPA § 147; RL § 5089; NCL § 8645]

      NRS  31.500    Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit.    The order may be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists, and the case is one of those mentioned in NRS 31.480 . The affidavit shall be either positive or upon information and belief; and when upon information and belief it shall state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit shall be filed with the clerk of the court.

      [1911 CPA § 148; RL § 5090; NCL § 8646]

      NRS  31.510    Undertaking from plaintiff.    Before making the order the judge shall require a written undertaking, payable in lawful money of the United States, on the part of the plaintiff, with sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs and charges that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least $500. Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the State, and worth double the sum specified in the undertaking over and above all the surety’s debts and liabilities, exclusive of property exempt from execution. The undertaking shall be filed with the clerk of the court.

      [1911 CPA § 149; RL § 5091; NCL § 8647]

      NRS  31.520    Order and arrest; return of order.    The order may be made to accompany the summons, or any time afterwards before judgment. It shall require the sheriff of the county where the defendant may be found forthwith to arrest the defendant and hold the defendant to bail in a specified sum, naming the money or currency in which it is payable, and to return the order at a time therein mentioned to the clerk of the court in which the action is pending.

      [1911 CPA § 150; RL § 5092; NCL § 8648]

      NRS  31.530    Delivery of affidavit and order to sheriff and defendant.    The order of arrest, with a copy of the affidavit upon which it is made, shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver to the defendant the copy of the affidavit, and also, if desired, a copy of the order of arrest.

      [1911 CPA § 151; RL § 5093; NCL § 8649]

      NRS  31.540    Arrest of defendant.    The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law.

      [1911 CPA § 152; RL § 5094; NCL § 8650]

      NRS  31.550    Defendant to be discharged on bail or deposit.    The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order of arrest in the money or currency therein named, as provided in this chapter.

      [1911 CPA § 153; RL § 5095; NCL § 8651]

      NRS  31.560    Defendant may give bail.    The defendant may give bail by causing a written undertaking, payable in the money of the contract (if any be named), and in other cases as directed by the judge, to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest; that the defendant shall at all times render himself or herself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein; or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.

      [1911 CPA § 154; RL § 5096; NCL § 8652]

      NRS  31.570    Bail may surrender defendant.    At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or the defendant may surrender to the sheriff of the county where the defendant was arrested.

      [1911 CPA § 155; RL § 5097; NCL § 8653]

      NRS  31.580    Arrest, delivery and surrender of defendant by bail; exoneration of bail.    For the purpose of surrendering the defendant, the bail at any time or place before they are finally charged may themselves arrest the defendant; or by a written authority, endorsed on a certified copy of the undertaking, may empower the sheriff to do so. Upon the arrest of the defendant by the sheriff, or upon delivery of the defendant to the sheriff by the bail, or upon the defendant’s own surrender, the bail shall be exonerated; provided, such arrest, delivery or surrender shall take place before the expiration of 10 days after judgment; but if such arrest, delivery or surrender be not made within 10 days after judgment, the bail shall be finally charged on their undertaking, and be bound to pay the amount of the judgment within 10 days thereafter.

      [1911 CPA § 156; RL § 5098; NCL § 8654]

      NRS  31.590    Action against bail.    If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, an action may be commenced against bail for the amount of the original judgment.

      [1911 CPA § 157; RL § 5099; NCL § 8655]

      NRS  31.600    Bail exonerated by death, imprisonment or discharge of defendant.    The bail shall also be exonerated by the death of the defendant, or by the defendant’s imprisonment in a state prison, or by the defendant’s legal discharge from the obligation to render himself or herself amenable to the process.

      [1911 CPA § 158; RL § 5100; NCL § 8656]

      NRS  31.610    Return of order; plaintiff may except to bail.    Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the sheriff’s return endorsed thereon, together with a copy of the undertaking of the bail. The sheriff shall retain the original undertaking in the sheriff’s possession until filed, as herein provided. The plaintiff, within 10 days thereafter, may serve upon the sheriff a notice that the plaintiff does not accept the bail, or the plaintiff shall be deemed to have accepted them, and the sheriff shall be exonerated from liability. If no notice be served within 10 days, the original undertaking shall be filed with the clerk of the court.

      [1911 CPA § 159; RL § 5101; NCL § 8657]

      NRS  31.620    Notice of justification of bail.    Within 5 days after the receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff’s attorney notice of the justification of the same, or other bail (specifying the places of residence and occupations of the latter), before the judge of the court, or clerk, at a specified time and place; the time to be not less than 5 nor more than 10 days thereafter, except by consent of parties. In case other bail be given, there shall be a new undertaking.

      [1911 CPA § 160; RL § 5102; NCL § 8658]

      NRS  31.630    Qualifications of bail.    The qualifications of bail shall be as follows:

      1.  Each of them shall be a resident and householder, or freeholder, within the county.

      2.  Each shall be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this chapter, over and above all debts and liabilities of the bail, exclusive of property exempt from execution; but the judge, or clerk, on justification, may allow more than two sureties to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail.

      [1911 CPA § 161; RL § 5103; NCL § 8659]

      NRS  31.640    Examination of bail.    For the purpose of justification, each of the bail shall attend before the judge, or clerk, at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the bail’s sufficiency, in such manner as the judge, or clerk, in the exercise of discretion may think proper. The examination shall be reduced to writing, and subscribed by the bail, if required by the plaintiff.

      [1911 CPA § 162; RL § 5104; NCL § 8660]

      NRS  31.650    Allowance of bail exonerates sheriff.    If the judge, or clerk, find the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the judge’s or clerk’s allowance thereon, and cause them to be filed, and the sheriff shall thereupon be exonerated from liability.

      [1911 CPA § 163; RL § 5105; NCL § 8661]

      NRS  31.660    Deposit by defendant in lieu of bail.    The defendant may, at the time of the defendant’s arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this chapter, the defendant may deposit such amount instead of giving bail. In either case the sheriff shall give the defendant a certificate of the deposit made, and the defendant shall be discharged from custody.

      [1911 CPA § 164; RL § 5106; NCL § 8662]

      NRS  31.670    Sheriff must pay deposit into court.    The sheriff shall, immediately after the deposit, pay the same into court, and take from the clerk receiving the same two certificates of such payment; the one of which the sheriff shall deliver or transmit to the plaintiff or the plaintiff’s attorney and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the sheriff to collect the sum deposited as in other cases of delinquency.

      [1911 CPA § 165; RL § 5107; NCL § 8663]

      NRS  31.680    Undertaking may be substituted for deposit.    If the money be deposited, as provided in NRS 31.660 and 31.670 , bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk the money deposited shall be refunded by such clerk to the defendant.

      [1911 CPA § 166; RL § 5108; NCL § 8664]

      NRS  31.690    Disposition of deposit.    Where money shall have been deposited, if it remain on deposit at the time of a recovery of a judgment in favor of the plaintiff, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the judgment shall refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant, the clerk shall, under like direction of the court, refund to the defendant the whole sum deposited and remaining unapplied.

      [1911 CPA § 167; RL § 5109; NCL § 8665]

      NRS  31.700    Liability of sheriff for escape or rescue.    If, after being arrested, the defendant escape or be rescued, the sheriff shall be liable as bail; but the sheriff may discharge himself or herself from such liability by the giving and justification of bail at any time before judgment.

      [1911 CPA § 168; RL § 5110; NCL § 8666]

      NRS  31.710    Recovery on official bond of sheriff.    If a judgment be recovered against the sheriff, upon the sheriff’s liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on the sheriff’s official bond for the recovery of the whole or any deficiency, as in other cases of delinquency.

      [1911 CPA § 169; RL § 5111; NCL § 8667]

      NRS  31.720    Defendant may move to vacate arrest or reduce bail; hearing.    A defendant arrested may, at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.

      [1911 CPA § 170; RL § 5112; NCL § 8668]

      NRS  31.730    Vacation of order of arrest and reduction of bail.    If, upon such application, it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated, or if it satisfactorily appear that the bail was fixed too high, the amount shall be reduced.

      [1911 CPA § 171; RL § 5113; NCL § 8669]

      NRS  31.740    Persons confined on execution issued on judgment may be discharged.    Every person confined in jail on an execution issued on a judgment rendered in a civil action shall be discharged therefrom upon the conditions hereinafter specified.

      [1911 CPA § 172; RL § 5114; NCL § 8670]

      NRS  31.750    Notice of application for discharge.    Such person shall cause a notice in writing to be given to the plaintiff, or the plaintiff’s agent or attorney, that at a certain time and place the person will apply to the district judge of the county in which such person may be confined for the purpose of obtaining a discharge from imprisonment.

      [1911 CPA § 173; RL § 5115; NCL § 8671]

      NRS  31.760    Service of notice of application.    Such notice shall be served upon the plaintiff, or the plaintiff’s agent or attorney, 1 day at least before the hearing of the application. If the plaintiff be not a resident of the county, and have no agent or attorney in the county, no such notice need be served.

      [1911 CPA § 174; RL § 5116; NCL § 8672]

      NRS  31.770    Hearing on application.    At the time and place specified in the notice, such person shall be taken before such judge, who shall examine the person under oath concerning the person’s estate and property and effects, and the disposal thereof, and the person’s ability to pay the judgment for which the person is committed, and such judge shall also hear any other legal and pertinent evidence that may be produced by the debtor or creditors.

      [1911 CPA § 175; RL § 5117; NCL § 8673]

      NRS  31.780    Oath of defendant on discharge.    If, upon examination, the judge be satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: “I,................, do solemnly swear, or affirm, that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of with design to secure the same to my use, or to defraud my creditors.”

      [1911 CPA § 176; RL § 5118; NCL § 8674]

      NRS  31.790    Order of discharge.    After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, if the prisoner is imprisoned for no other cause; and the officer, upon service of such order, shall discharge the prisoner forthwith, if the prisoner is imprisoned for no other cause.

      [1911 CPA § 177; RL § 5119; NCL § 8675]

      NRS  31.800    Renewal of application for discharge.    If such judge should not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had.

      [1911 CPA § 178; RL § 5120; NCL § 8676]

      NRS  31.810    Effect of discharge; judgment remains in force.    The prisoner, after being so discharged, shall be forever exempt from arrest and imprisonment for the same debt; but the judgment against the prisoner shall remain in full force against any estate, present or future, of the prisoner, not exempt from execution.

      [1911 CPA § 179; RL § 5121; NCL § 8677]

      NRS  31.820    Plaintiff may order discharge of prisoner; effect of discharge.    The plaintiff in the action may, at any time, order the prisoner to be discharged, and the prisoner shall not thereafter be liable to imprisonment for the same cause of action.

      [1911 CPA § 180; RL § 5122; NCL § 8678]

      NRS  31.830    Creditor to advance money to jailer for support of prisoner.    Whenever a person is committed to jail on a judgment recovered in a civil action, the creditor, or the creditor’s agent or attorney, shall advance to the jailer immediately upon such commitment sufficient money to pay for the support of the prisoner for at least 2 weeks, at the rate of $2.50 per day, and in case the money should not be so advanced, the jailer shall forthwith discharge such prisoner from custody, and such discharge shall be a bar against imprisonment for the same debt. At the expiration of such 2 weeks, should such creditor refuse to advance a like sum, the prisoner will be discharged as above provided, and with the same effect.

      [1911 CPA § 181; RL § 5123; NCL § 8679]

      NRS  31.840    Delivery may be claimed before answer.    Except as provided in NRS 179.1171 , the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to the plaintiff as provided in this chapter.

      [1911 CPA § 182; RL § 5124; NCL § 8680]—(NRS A 1985, 1468 ; 1987, 1384 )

      NRS  31.850    Requisites of affidavit by plaintiff.    Where a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in the plaintiff’s behalf, and filed with the court showing:

      1.  That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof.

      2.  That the property is wrongfully detained by the defendant.

      3.  The alleged cause of the detention thereof according to the plaintiff’s best knowledge, information and belief.

      4.  That the same has not been taken for a tax, assessment or fine pursuant to a statute, or seized under an execution or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.

      5.  The actual value of the property.

      [1911 CPA § 183; RL § 5125; NCL § 8681]—(NRS A 1973, 1151 )

      NRS  31.853    Order to show cause; contents; service.    The court shall promptly examine the affidavit, and if it is satisfied that it meets the requirements of NRS 31.850 , shall issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the plaintiff. Such order shall:

      1.  Fix the date and time for the hearing thereon, which shall be no sooner than 10 days from the date of issuance of the order.

      2.  Inform the defendant that the defendant may file affidavits on the defendant’s behalf with the court and may appear and present testimony on the defendant’s behalf at the hearing, or that the defendant may, at or prior to such hearing, file with the court a written undertaking to stay delivery of the property pursuant to NRS 31.890 .

      3.  Inform the defendant that if the defendant fails to appear, the plaintiff will apply to the court for a writ of possession.

      4.  Require service of the affidavit and order upon the defendant, and fix the time and manner within which such service shall be made, which shall be by personal service or in such other manner as the court may determine to be reasonably calculated to afford notice of the proceeding to the defendant under the circumstances appearing from the affidavit.

      (Added to NRS by 1973, 1149 )

      NRS  31.856    Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.

      1.  A writ of possession may be issued prior to the hearing provided by NRS 31.853 if the plaintiff, by affidavit or by presentation of other evidence, establishes reasonable cause to believe the probability of any one of the following:

      (a) The defendant gained possession of the property by the commission of any criminal act forbidden by chapter 205 of NRS.

      (b) The property possessed by the defendant consists of one or more negotiable instruments or credit cards.

      (c) The property sought to be returned either:

             (1) Is perishable, and will perish before any hearing upon notice can be had; or

             (2) By reason of threatened action by the holder, such property is in immediate danger of destruction, serious harm, concealment, removal from this state or sale to an innocent purchaser.

      2.  Where a writ of possession has been issued prior to hearing under the provisions of this section, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause, and the court may, upon such application, shorten the time for such hearing, and direct that the matter shall be heard on not less than 48 hours’ notice to the plaintiff.

      3.  No writ of possession may issue pursuant to this section until the plaintiff has filed with the court an approved written undertaking as required by NRS 31.863 .

      NRS  31.859    Temporary restraining order in lieu of immediate issue of writ of possession.    In addition to the issuance of an order to show cause provided by NRS 31.853 , and in lieu of the immediate issuance of a writ of possession provided by NRS 31.856 , the court may issue such temporary restraining orders directed to the defendant prohibiting such acts with respect to the property as may appear necessary for the preservation of rights of the parties and the status of the property.

      (Added to NRS by 1973, 1150 )

      NRS  31.863    Hearing on order to show cause; undertaking by plaintiff.

      1.  Upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property pending final adjudication of the claims of the parties. If the court determines that the action is one in which a prejudgment writ of possession should issue, it shall direct the issuance of such writ.

      2.  A writ of possession shall not issue until plaintiff has filed with the court a written undertaking executed by two or more sufficient sureties, approved by the court, to the effect that they are bound to the defendant in double the value of the property, as determined by the court, for the return of the property to the defendant if return thereof is ordered, and for the payment to the defendant of any sum as may from any cause be recovered against the plaintiff, except that if there is reasonable cause to believe that the plaintiff is a secured party, as defined in chapter 104 of NRS, no undertaking shall be required for the issuance of the writ of possession.

      NRS  31.866    Writ of possession.

      1.  The writ of possession shall be directed to the sheriff within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable cause to believe the property or some part thereof will be found. It shall direct the levying officer to seize it if it is found, and to retain it in the officer’s custody. There shall be attached to such writ a copy of the written undertaking filed by the plaintiff, and such writ shall inform the defendant that the defendant has the right to except to the sureties upon such undertaking or to file a written undertaking for the redelivery of such property, as provided in NRS 31.890 .

      2.  Upon probable cause shown by further affidavit or declaration by plaintiff or someone on the plaintiff’s behalf, filed with the court, a writ of possession may be endorsed by the court, without further notice, to direct the levying officer to search for the property at another location or locations and to seize it, if found.

      NRS  31.870    Sheriff to take property described in writ; service of writ and undertaking on defendant.    Upon receipt of the writ of possession, with a copy of the written undertaking attached, the sheriff shall forthwith take the property described in the writ, if it be in the possession of the defendant or the defendant’s agent, and retain it in the sheriff’s custody. The sheriff shall also, without delay, serve on the defendant a copy of the writ and undertaking, by delivering the same to the defendant personally, if the defendant can be found, or to the defendant’s agent, from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or, if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant.

      [1911 CPA § 185; RL § 5127; NCL § 8683]—(NRS A 1973, 1151 )

      NRS  31.880    Defendant may except to sufficiency of sureties.    The defendant may, within 2 days after the service of the writ and the undertaking, give notice to the sheriff that the defendant excepts to the sufficiency of the sureties. If the defendant fails to do so, the defendant shall be deemed to have waived all objection to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest; and the sheriff shall be responsible for the sufficiency of the sureties until the objection to them is either waived, as above provided, or until they justify. If the defendant excepts to the sureties the defendant cannot reclaim the property, as provided in NRS 31.890 .

      [1911 CPA § 186; RL § 5128; NCL § 8684]—(NRS A 1973, 1151 )

      NRS  31.890    Return of property to defendant upon giving written undertaking.    At any time before the delivery of the property to the plaintiff, the defendant may, if the defendant does not except to the sureties of the plaintiff, require the return thereof, upon the filing with the court, and serving of a copy upon the plaintiff or the plaintiff’s attorney, of a written undertaking, approved by the court and executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for payment to the plaintiff of such sum as may for any cause be recovered against the defendant. If a return of the property is not so required within 5 days after the taking thereof and the serving of the writ of possession and undertaking upon the defendant, it shall be delivered to the plaintiff, except as provided in NRS 31.940 .

      [1911 CPA § 187; RL § 5129; NCL § 8685]—(NRS A 1973, 1152 )

      NRS  31.900    Justification of defendant’s sureties.    The defendant’s sureties, upon notice to the plaintiff of not less than 2 nor more than 5 days, shall justify before the judge or the clerk in the same manner as upon bail on arrest; and upon such justification, the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the defendant’s sureties until they justify, or until the justification is completed or expressly waived, and may retain the property until that time. If they or others in their place, fail to justify at the time and place appointed, the sheriff shall deliver the property to the plaintiff.

      [1911 CPA § 188; RL § 5130; NCL § 8686]

      NRS  31.910    Qualifications of sureties and manner of justification.    The qualifications of sureties and their justification shall be such as are prescribed by this chapter in respect to bail upon an order of arrest.

      [1911 CPA § 189; RL § 5131; NCL § 8687]

      NRS  31.920    Sheriff may take concealed property by force after demand.    If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not delivered, the sheriff shall cause the building or enclosure to be broken open, and take the property into the sheriff’s possession, and, if necessary, the sheriff may call to the sheriff’s aid the power of the sheriff’s county.

      [1911 CPA § 190; RL § 5132; NCL § 8688]

      NRS  31.930    Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.    When the sheriff shall have taken property, as in this chapter provided, the sheriff shall keep it in a secure place, and deliver it to the party entitled thereto upon receiving the sheriff’s lawful fees for taking and necessary expenses for keeping the same.

      [1911 CPA § 191; RL § 5133; NCL § 8689]

      NRS  31.940    Claim by third party; undertaking by plaintiff; determination of title.

      1.  If the property taken is claimed by any other person than the defendant or the defendant’s agent, and such person makes an affidavit of the person’s title thereto, or right to possession thereof, stating the grounds of such title or right, and files the affidavit with the court and serves a copy upon the sheriff, the sheriff is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of the sheriff or the sheriff’s agent, indemnifies the sheriff against such claim by an undertaking by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. No claim to such property by any other person than the defendant or the defendant’s agent is valid against the sheriff unless so made.

      2.  The title to such property shall be determined in the manner provided for in cases of third-party claims after levy under a writ of execution or attachment.

      [1911 CPA § 192; RL § 5134; NCL § 8690]—(NRS A 1971, 153 ; 1973, 1152 )

      NRS  31.950    Sheriff to make return within 20 days after taking property.    The sheriff shall file the writ of possession and undertaking with the sheriff’s proceedings thereon, with the clerk of the court in which the action is pending, within 20 days after taking the property mentioned therein.

      [1911 CPA § 193; RL § 5135; NCL § 8691]—(NRS A 1973, 1152 )

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Nevada Garnishment Laws

Millions of people across America have fallen behind in their child support, tax payments, student loans, credit cards, and medical bills. Unlucky at the dice tables of Las Vegas and Reno, many Nevadans are thus subject to the often-complicated and even harsher wage garnishment process. Protections, exemptions, and defenses can be asserted by the debtor-employee, but these must be presented in a diligent, timely and correct fashion. Let’s take a closer look at the ins and outs of how the wage garnishment process transpires in the gambling state.

What is a wage garnishment in Nevada?

A wage garnishment is a species of the broader concept of garnishment or attachment. Attachment is a traditional debt collection remedy involving the sequestering of someone’s property or money so that it can be paid over to someone else. When applied to wages, it means the debtor’s employer is ordered to withhold the employee’s wages from his or her paycheck or direct deposit and pay it over to the creditor or the creditor’s attorney. Only the amount remaining then goes to the income earner.

Can all income be garnished, regardless of how earned?

The simple answer is all income cannot be garnished. A wage garnishment only applies, as the name denotes, to a source of income that is legally defined as “wages” under federal and Nevada wage and hour law. In this context, wages has a technical definition that refers exclusively to income earned from the employer-employer relationship. As a remedy, a wage garnishment thus cannot be used to sequester the income earned by an independent contractor or freelancer. Any such garnishment order must go unanswered because it is legally inappropriate as applied to that source of income.

What kind of debts can be collected by a wage garnishment order in Nevada?

Every kind and color of debt can be collected through the mechanism of a wage garnishment order. However, these debts can be divided into various categories which determine how much of the employer’s paycheck can be garnished. These categories are as follows:

• Consumer loans such as credit cards, gambling debts, online purchases, medical and hospital expense,
• Child support and alimony,
• Federal income taxes and fees, and
• Student loans.

How is a wage garnishment order obtained in Nevada?

Wage garnishments come from the courts or an administrative agency, depending on what type of debt is involved.

Consumer Debts : Consumer debts such as unpaid credit cards can only be enforced if the creditor first files and serves the debtor with a debt collection lawsuit. The complaint must allege that a specific amount is due and unpaid, and the debtor is then given the opportunity to answer the complaint and raise defenses to it. Only when a money judgement has been obtained against the debtor can the judgment be enforced with a garnishment order.

Child Support : Since 1988, all child support orders have automatically included an ongoing wage withholding order that is served on the paying spouse’s employer and must be honored by the employer until it is revoked by the court or the children involved become adults. Any arguments against the issuance and amount of the order must be raised before the family law judge.

Taxes : There are no state taxes in Nevada but federal income taxes that have fallen into delinquency can be garnished by the IRS without the need for a lawsuit or money judgment. Any objections must be raised in response to the IRS’s statutory letters informing the debtor-employee of the tax being demanded.

Student Loans : Any student loans that fall under the federal Education Act can be garnished through an administrative agency order. Arguments against the issuance of the order must be raised at that time.

Are there any defenses to wage garnishment orders in Nevada?

a/ the debt has been paid and is not due,

b/ the amount asserted as due is incorrect and is not owed as claimed, and

c/ a prior agreement for repayment has been made.

For consumer debts initiated by a collection lawsuit, the statute of limitations may also be raised, essentially claiming the creditor is time-barred from bringing the action. In Nevada all claims arising from a written contract or arrangement must be brought within six years.

Protections Against Garnishment

Even where the debtor owes the money claimed, the creditor cannot garnish all of the debtor’s wages and leave him or her destitute. Both federal and Nevada state law impose limits on how much of a wage earners’ income can be garnished to pay off debts.

Federal Law

Under the federal Consumer Credit Protection Act, there is something called “the 25-30 Rule.” Under the 25 Rule, the creditor can only garnish 25% of the employee-debtor’s “Disposable Earnings.”

Disposable earnings are the earning that remain after deduction for federal withholding, social security or SSI, worker’s compensation, unemployment insurance premiums, and certain qualified pensions.

Under the 30 Rule, the creditor cannot attach any part of 30 times minimum wage. Minimum wage is $7.25 per hour and adds up to $217.50 per pay period. Thus anything above that figure would be 100% garnishable unless otherwise protected by the 25 Rule or Nevada state law.

Nevada State Law

Nevada state law provides additional protection for its resident debtors from excessive wage garnishments. While the federal law protects the greater of the  25 Rule or 30 Rule, Nevada law goes one step further by protecting 50 times minimum wage. This figure is $362.50.

Most Protection :

The different federal and state garnishment protection formulas result in different amounts theoretically being protected. In this situation, the debtor is entitled to pick from the greatest protection among them. These protections, however, give way to other policy considerations for non-consumer debts.

Special Rules for Child Support, Taxes, and Student Loans

Child Support

The rule of thumb is that one in ten people in America are having their wages garnished at all times, and half of those people are being garnished for child support. Unlike consumer loans, which are protected from wage garnishment by “the 25-30 Rule,” as much as 65% of Disposable Wages can be garnished for child support depending on the debtor’s support status and the age of the debt.

If the debtor is supporting a family (wife or children or both), the most that can be automatically attached is 50% of Disposable Wages. If he/she is behind in support, an additional 5% can be attached for a total of 55%. For paying spouses not supporting a family, the amounts are 60% and 65%.

Delinquent Federal Taxes

One of the great advantages of residing in Nevada is that the gambling state does not impose state income taxes on its citizens. Instead the state and its local principalities are financed mostly through fees paid by casinos and gambling establishments. So there are no delinquent state income taxes as there are for many in other states. However, the federal government can still garnish over 50% of Disposable Wages for delinquent federal taxes depending on the number of dependents that are involved, as set forth in a published federal table.

Student Loans

Many student loans administered by the U.S. Department of Education. If these loans fall into default, an administrative garnishment order can be issued that reaches up to 15% of the debtor’s Disposable Wages.

What happens if there are multiple garnishment orders?

When a debtor is facing down multiple garnishment orders ensure, the total amount that can be garnished is still 25%, except as indicated above for child support, alimony, and taxes. There is, however, a priority between them, which is as followed:

• Child support and alimony, ongoing and past due, come first regardless of when the withholding order was issued and served on the employer,
• Delinquent federal, state and local taxes and fees come next,
• Unpaid student loans follow third in line, and
• Finally consumer debts are paid, with priority amongst them being established by FIFO – first in time, first in right.

Protections Against Adverse Employer Action

It takes time, effort, and hassle to deal with garnishment orders, and small businesses are sometimes inclined to let the garnished employee go to avoid the trouble. Federal law makes such punitive actions illegal for the first garnishment, though protection is not provided against adverse employer actions for multiple garnishments. But Nevada extends this protection to multiple garnishments as well.

Qualified Assistance from Professionals

Navigating the garnishment process can be tricky and complicated. Often it is best to consult with legal aid or hire a professional who is qualified in the field of debtor-creditor rights to help provide peace of mind. But no matter what you do, do not put your head in the sand and avoid it. Acting promptly and diligently is essential to protect your interests.

References:

General Garnishment: https://www.leg.state.nv.us/NRS/NRS-031.html

Consumer Credit Protection Act: https://www.govinfo.gov/content/pkg/USCODE-2009-title15/html/USCODE-2009-title15-chap41.htm

Federal Garnishment FAQ Sheet: http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

Higher Education Act Loans: 20 U.S.C. § 1095a; 34 C.F.R. § 682.410(b)(9)

Office of Child Support Enforcement: https://www.acf.hhs.gov/css/resource/processing-an-income-withholding-order-or-notice

Bankruptcy and Wage Garnishment: https://search.uscourts.gov/search?affiliate=uscourts.gov&locale=en&query=wage%20garnishment

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Involuntary and Voluntary Pay Deductions: Nevada

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Dora V. Lane and Bradley T. Cave, Holland & Hart LLP

• Employers that receive a child support withholding order for an employee must begin withholding in the first pay period that occurs within 14 days after the mailing date of the order. If an employee is terminated from employment, the employer must promptly send a notice of termination. Employers may also be required to enroll dependent children in their group health plan. Penalties are imposed for violations of the law. See Child Support Withholding.
• Employers are required to withhold from employees' wages pursuant to creditor garnishment orders. The maximum amount that may be withheld under a creditor garnishment order does not follow the limits established by federal law. See Creditor Garnishment Withholding.
• If an employee has unpaid state taxes, an employer may be required by a court order to withhold from the employee's wages to pay off the tax liability. See Tax Levies.
• Employees may not voluntarily assign their earnings to a third party. See Voluntary Wage Assignments.

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