Services: Consumer Law: Debt: Attach & Garnish

Did you lose a lawsuit? Here are your rights concerning garnishment and attachment:

If I lose a lawsuit, can the plaintiff make me pay the judgment?

If you lose a lawsuit the plaintiff becomes a judgment creditor. You can either voluntarily pay the judgment or the plaintiff can attempt to "execute" on the judgment against you. To execute means to take steps to get your wages or your property to pay off the judgment. To most common methods of attempting to execute on a judgment are called garnishment and attachment.

What are Attachment and Garnishment?

Attachment allows the creditors, with the help of the sheriff or constable, to take personal property such as a car from you and sell it.

Garnishment allows the creditors to take something of yours in the hands of another person or institution; for example, your employer or your bank.

Is there any property which cannot be taken by attachment or garnishment?

The creditor cannot take certain property related to basic needs. This property is called exempt property. Included in the property which is exempt under Nevada law (NRS 21.090) are:

• 75% of your disposable earnings or 50 times the minimum wage (currently $257.50 per week) which ever is higher.
• Payments received as disability, illness or unemployment benefits
• Workers Compensation (SIIS) benefits
• Welfare benefits, public assistance benefits from the Nevada State Welfare Division (TANF, Food Stamps, etc.) or local government (like General Assistance)
• Veterans benefits
• Social Security and Supplementary Security Income
• Social Security disability payments
• Amounts paid pursuant to a court order for child support or maintenance of a former spouse.
• Vocational rehabilitation benefits
• Certain federal and state retirement monies
• Certain Individual Retirement Accounts
• Life insurance proceeds, if your annual premium is less than $15,000
• One vehicle, if your equity (the market value minus how much you owe) is under $15,000, unless the lawsuit concerned the loan on the vehicle.
• A "homesteaded" house or mobile home, even if you do not own the land. The exemption protects up to $350,000 of the home's value. It can protect up to 100% if the judgment is for a medical bill or you establish "allodial title" (see Homestead section on this WebSite). The homestead exemption does not apply if the judgment was for the mortgage or a mechanic's lien upon the property.
• Necessary household goods, personal effects, and yard equipment, (maximum $12,000).
• Professional Libraries, equipment, supplies, and the tools, inventory, and materials to carry on your trade or business for the support of yourself or your family (maiximum $10,000); Private libraries, works of art, musical instruments and jewelry which belong to you or your dependent (maximum of $5,000).
• Compensation for personal injury up to $16,150 (excluding pain and suffering or actual pecuinary loss) to you or your dependents.
• Certain compensation for the wrongful death of a person upon whom you were dependent to the extent reasonably necessary to support you and your dependents.
• Compensation for the loss of your future earnings or the future earnings of a person upon whom you were dependent to the extent reasonably necessary to support you and your dependents.
• Restitution paymets to you for a criminal act.
• Note: This is not a complete list of exemptions. Consult an attorney to determine if you have any other exemptions.

When can you claim your exemption rights?

Just because you find your property listed as exempt, do not assume your property is safe. You must take action to protect your exempt property or income. The judgment creditors will not look out for your best interests. You must do that.

Before garnishment or attachment you may:

1. "Homestead" your home or mobile home if you own it and live in it. To learn more about this, check this WebSite.

2. If you have income that is exempt, such as Social Security benefits, it is best to notify the judgment creditor in writing of the fact that your bank account, for example, only has Social Security benefits in it. Keep a copy of that written notice for your records.

After garnishment or attachment

When a judgment creditor:

• Garnishes your wages
• Garnishes your bank account
• Attempts to force a sale of your home or car by attachment

You will have eight days from the date the notice was postmarked to claim your property, income or money exempt.

How can I claim my exempt property within eight days?

To claim your exempt property, you must:

1. Write an affidavit claiming exemption from execution. You may get an exemption affidavit packet from Clark County Legal Services at 800 South Eighth Street in Las Vegas, 386-1070. Or you can download the instructions and Affidavit here:
   1. How To Claim Exemption (PDF)
   2. Affidavit of Exemption (PDF)
2. File that affidavit with the sheriff at the Civil Division of the Clark County Sheriff's Office, 671-5822, at 330 S. Casino Center Blvd., First Floor, Las Vegas, Nevada 89101.
3. File copies of the affidavit with the Court and the judgment creditor.

If a bank account is garnished, it is wise to give a copy of the affidavit to the bank.

How do I get my property back?

If the judgment creditor does not dispute your claim of exemption, the Sheriff will return your property to you six days after you file the affidavit. If the judgment creditor disputes your claim of exemption - for example, if your car was taken and you claim the car is worth less than $15,000 but the creditor claims the car is worth more - the creditor may request a court hearing. This hearing generally will occur within 10 days after you file and serve your affidavit claiming exemptions.

What should I do if the creditor requests a hearing?

Be prepared to prove at the hearing that your property is exempt. Bring receipts, bills of sale, Kelly Blue Books, assessors' statements, vehicle registration renewals, monthly bank statements or whatever else is necessary to prove your claim.

If you convince the judge of your claim, he or she will order that the money or property be released to you. If the judge determines that the property is not exempt, he or she will not return the property to you.

If the judge denies my exemption claim, do I have any appeal rights?

Yes. It is best to contact an attorney immediately to obtain assistance.

Can exempt property ever be taken?

There are certain situations in which otherwise exempt property can be executed upon. Included are:

• When the judgment entered against you is for child support, some of the listed exemptions such as 75% of take-home pay, do not apply.
• Where a bankruptcy court orders that the property be taken.
• If the judgment is to satisfy certain tax liens.
• Where the judgment was for the purchase, loan or improvement on that property - for example, the remaining installment payment on a used car which you bought.

What can I do if I have property or wages which are not exempt from execution?

To avoid garnishment or attachment if you have non-exempt wages or property generally your options are to either:

• Pay the debt either in full or through a payment plan that is negotiated with the creditor or imposed by a court;
• Convert non-exempt property to exempt property- for example, filing a homestead exemption on your house; or
• Erase the debt through a bankruptcy.

For expert assistance in deciding the option which is best for you may wish to contact the Consumer Credit Counseling Service of Southern Nevada, 3650 So. Decatur, Suite 30, Las Vegas, Nevada 89103, (702) 364-0344. This non-profit organization offers counseling, education, debt management (looking at all of your income, expenses and debts) and specialized counseling (student loans, fax repayment, establishing credit, etc.). The agency will also help you understand the pros and cons of bankruptcy.

To file bankruptcy you should contact an attorney who practices in that area of the law. If you are unable to find an attorney whom you can afford you may contact the Clark County Pro Bono Project at 386-1070, (option 5), which has a limited number of attorneys willing to take some cases without charge.

For additional information contact:

CLARK COUNTY LEGAL SERVICES PROGRAM, INC.
800 South Eighth Street
Las Vegas, Nevada 89101
(702) 386-1070
1-800-522-1070
FAX: (702) 366-0569
TDD: (702) 386-1059 (Hearing Impaired)

The following web sites may provide additional information or assistance regarding consumer law:

American Bankruptcy Institute (ABI) Consumer Information Center
http://www.abiworld.org

Better Business Bureau
http://www.bbb.org/

Consumer Law Page (Alexander Law Firm)
http://consumerlawpage.com/

Fair Debt Collection (FTC)
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm