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    Workitout's Avatar
    Workitout Posts: 1, Reputation: 1
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    #1

    Jul 18, 2011, 04:50 PM
    WAGE GARNISHMENT ACTIVATED: How do I contest the % being taken?
    I was not aware that a judgement had been entered against me and only learned after my paycheck was garnished Friday. Constable says he can only hold check for 10 days before surrendering to the creditor. I don't qualify for Southern Nevada Legal aid due to income. How can I contest the % of garnishment being deducted? I live in North Las Vegas NV.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 18, 2011, 05:01 PM

    What percent are they taking, 25 percent or less ?

    If you were not aware of a judgement ( not the garnishment, since you are not told about that) You may file to have the judgement set aside for improper service, if there was, you would have to review the case and see how they say you were served.

    But the percent is normally that which the law allows.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 18, 2011, 05:53 PM

    Agreed a garnishment is generally a flat percentage according to law. Nevada allows a max of 25%.

    You can try to get a motion to vacate on the grounds of improper service, but that's only a delaying action. They will serve you properly before you leave the courthouse.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 18, 2011, 07:23 PM

    You have not come back and I know 25 percent of gross pay seems like a lot ( it is a lot) but that is why people are told normally to try and work out an agreement even if it is tough before court.
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