What Is the Time Limit on Garnishment in Nevada?

Wage garnishment is the legal process by which creditors can collect on debt by having money automatically withheld from the debtor's paycheck. In the event the court decides to grant a writ of garnishment, the employer, called the garnishee, is required to hold a certain percentage back -- normally no more than 25 percent -- and send it to the court for distribution to the creditor. There is a statute of limitations for this type of legal action in Nevada, which varies depending upon what type of debt it is.

Consumer

The most common type of debt in this category is credit card debt, which also has the shortest statute of limitations, at four years. What this means is that a writ of garnishment will not be enforced on debt that is older than four years. Therefore, if a creditor plans to pursue this process in court, he should pay attention to the time table and submit a claim well before the statute runs out. Missing the deadline means, unless there is a voluntary payment from the debtor, that nothing can be collected through garnishment.

Contract

In Nevada, a debt based on a written contract can be enforced through wage garnishment for a period of six years. After that, the creditor is out of luck. Though he might file a claim for garnishment, all the debtor has to do is show that the debt is more than six years old and the court will not consider it valid. This particular statute of limitations applies only to valid contracts deemed legal and enforceable.

Domestic

There are different types of domestic debt, with child support and alimony being the most common. As with written contracts, Nevada places a statute of limitations on domestic creditors at six years. An ex-spouse or custodial parent should take legal action well before that period has elapsed in order to procure a writ of garnishment.

Considerations

According to federal law, wage garnishment is not allowed for Social Security or pension payments when it comes to consumer debt, but domestic debt is a different story. In Nevada, child support or alimony that is in arrears is given top priority and the percentage of garnishment can be as much as 50 percent. The debtor must be notified of the writ of garnishment and be given a 10-day grace period to request a hearing.