In Nevada, a creditor with a money judgment cannot simply take a flat quarter of your paycheck. Under Nevada Revised Statutes (NRS) 31.295, the maximum a creditor can garnish each workweek for an ordinary debt is the lesser of two amounts: (1) a percentage of your disposable earnings that depends on your income, and (2) the amount by which your disposable earnings exceed 50 times the federal minimum hourly wage. The income-based percentage is 18% of disposable earnings if your gross weekly salary or wage was $770 or less on the date the most recent writ of garnishment was issued, and 25% of disposable earnings if your gross weekly wage exceeded $770. This makes Nevada more protective than the federal floor: federal law (Title III of the Consumer Credit Protection Act) caps garnishment at 25% of disposable earnings or the amount over 30 times the federal minimum wage, while Nevada uses a 50-times multiplier and an 18% bracket for lower earners.
What "disposable earnings" means in Nevada
Garnishment percentages do not apply to your gross pay. They apply to your disposable earnings, which NRS 31.295 defines as the part of your earnings left after subtracting amounts your employer is required by law to withhold. That includes federal income tax, Social Security and Medicare (FICA), and state withholdings. It does not include voluntary deductions like 401(k) contributions, union dues, or health insurance premiums you chose. So if your gross pay is $1,000 and required withholdings total $200, your disposable earnings are $800, and the percentage cap is calculated against that $800.
The 50-times-minimum-wage floor protects low earners
The second half of Nevada's formula sets a hard floor of protected income. A creditor cannot touch the portion of your disposable earnings that falls at or below 50 times the federal minimum hourly wage for the workweek. The federal minimum wage is $7.25 per hour as of 2026, which makes the protected weekly floor $362.50 (50 x $7.25). If your disposable earnings for the week are at or below that floor, nothing can be garnished for an ordinary debt. Because the statute is tied to the federal minimum wage, this floor moves only when Congress changes the federal rate, not when Nevada raises its own state minimum wage. Confirm the current federal minimum wage with the U.S. Department of Labor before relying on a specific dollar figure.
Whichever of the two calculations yields the smaller garnishable amount is the one your employer must use. For most workers above the floor, that means a creditor takes either 18% or 25% of disposable earnings depending on the $770 gross-weekly threshold.
Different rules for child support, taxes, and student loans
The 18%/25% caps apply to ordinary consumer debts such as credit cards, medical bills, payday loans, and personal-loan judgments. Several categories follow their own, higher limits:
Child and spousal support: Under NRS 31.295, up to 50% of disposable earnings can be withheld if you are supporting another spouse or child, and up to 60% if you are not. Those percentages rise to 55% and 65% when the support payments are more than 12 weeks in arrears.
Federal and state taxes: The IRS and the Nevada Department of Taxation can levy wages under their own rules, which are not bound by the 18%/25% caps. The amount the IRS leaves you is based on your filing status and dependents, not the garnishment percentage.
Federal student loans: The U.S. Department of Education and its servicers can use administrative wage garnishment of up to 15% of disposable pay without first going to court.
How a Nevada garnishment starts
For most consumer debts, a creditor must first sue you and win a money judgment in a Nevada justice court or district court. Once the judgment is entered, the creditor applies for a writ of garnishment, which is served on your employer (the "garnishee"). Your employer must then withhold the allowed amount from each paycheck and answer written interrogatories about your wages. A single writ of garnishment in Nevada can continue to capture wages for up to 120 days, after which the creditor must obtain a new writ to keep collecting.
When the writ is served, you are entitled to receive notice and a copy of the documents, including information about your right to claim exemptions. Do not ignore these papers. The protections in NRS 31.295 are not automatic for every dollar you believe is exempt. You often have to assert them.
How to claim an exemption to stop or reduce the garnishment
Nevada law gives you a fast process to challenge a garnishment that takes too much or reaches exempt income. Under NRS 21.112, after a writ is served you should receive an affidavit of exemption form and a notice explaining your rights. To claim an exemption:
Act quickly. File your executed claim of exemption with the court and serve it on the creditor and the garnishee within the deadline stated on the notice. Nevada's exemption-claim window is short (counted in days from service of the notice), so read the form carefully and do not wait. Confirm the exact deadline on the documents you received, because missing it can let the creditor keep withholding.
Identify the exempt income. Beyond the wage caps, NRS 21.090 exempts many sources entirely, including Social Security benefits, Supplemental Security Income (SSI), most public assistance, unemployment benefits, veterans' benefits, and many private pensions and retirement accounts. If a garnishment or a related bank levy reaches these funds, say so in your claim.
State the over-collection. If your employer is withholding more than the 18% or 25% cap, or is reaching income below the $362.50 weekly floor, identify the error in your affidavit.
Request a hearing. If the creditor objects to your claim, the court will set a hearing. Bring pay stubs, bank statements, and benefit award letters that prove the income is exempt or that the cap was exceeded.
If exempt benefits like Social Security were deposited into your bank account and then frozen by a levy, you can also assert those exemptions to recover the funds. Keep records showing the source of every deposit, because tracing exempt money is your burden.
Bankruptcy and other ways to stop garnishment
Filing for bankruptcy triggers an automatic stay that immediately halts most wage garnishments, including for credit cards and medical debt, though it does not stop ongoing child-support withholding. Negotiating a lump-sum settlement or a payment plan directly with the creditor can also end a garnishment. And if the underlying judgment was entered without proper service or is otherwise defective, you may be able to ask the court to set it aside.
Where to verify Nevada's rules
Because dollar thresholds and the federal minimum wage can change, confirm the current figures before you rely on them. The authoritative source for the garnishment caps is NRS 31.295 and the exemption list in NRS 21.090, available on the Nevada Legislature's website. For complaints about abusive debt-collection conduct, contact the Nevada Office of the Attorney General, Bureau of Consumer Protection, which enforces state consumer-protection law alongside the federal Fair Debt Collection Practices Act (FDCPA). You can also seek free or low-cost help from Nevada Legal Services or the Legal Aid Center of Southern Nevada. For your specific situation, consult a licensed Nevada attorney.
Official Nevada Sources
This page is based on Nevada law. Limits and deadlines change — verify the current details directly with the official Nevada sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Nevada’s own rules.
Frequently asked questions
How much of my paycheck can a creditor garnish in Nevada?
For ordinary debts, the most a creditor can take is the lesser of a percentage of your disposable earnings (18% if your gross weekly wage was $770 or less, or 25% if it exceeded $770) or the amount your disposable earnings exceed 50 times the federal minimum wage, which is about $362.50 per week as of 2026. Disposable earnings are what is left after legally required withholdings.
Is Nevada more protective than federal wage garnishment law?
Yes. Federal law caps garnishment at 25% of disposable earnings or the amount over 30 times the federal minimum wage. Nevada uses a 50-times multiplier and adds an 18% bracket for workers earning $770 or less per week, so lower earners keep more of their pay in Nevada than the federal minimum requires.
What income is completely exempt from garnishment in Nevada?
Under NRS 21.090, income such as Social Security, SSI, public assistance, unemployment benefits, veterans' benefits, and many pensions and retirement accounts is exempt. These protections are not always applied automatically, so you may need to file a claim of exemption to assert them, especially if the funds were levied from a bank account.
How do I stop a wage garnishment in Nevada?
File a claim of exemption (affidavit of exemption) with the court and serve it on the creditor and your employer within the short deadline stated on the notice you received, under NRS 21.112. You can also stop garnishment by settling the debt, vacating a defective judgment, or filing bankruptcy, which triggers an automatic stay on most consumer garnishments.
Can my employer fire me for a wage garnishment in Nevada?
Federal law (Title III of the Consumer Credit Protection Act) prohibits an employer from firing you because of a single garnishment for one debt. If you face multiple garnishments, that federal protection may not apply, and you should seek advice from a Nevada attorney or the Bureau of Consumer Protection.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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