1,328: Wage Garnishments

Last Revised: May 1998

Nevada Revised Statutes 21.020 and 70.040 require all employers, including the university, to execute legally served wage garnishments against an employee's pay. In such instances, the Payroll Office will advise the employee of the garnishment when served to allow him the opportunity to settle the matter prior to pay date, thereby avoiding the actual withholding of pay to satisfy the garnishment. Effective 10/1/89, Chapter 31 was amended to allow 120 day continuing garnishments.

Title 3 of Public Law 90-321 (Consumer Credit Protection Act) prohibits garnishment of more than 25% of the aggregate disposable earnings of an individual in any work week, or to that amount of the net weekly wage which exceeds 30 times the current federal minimum hourly wage, if this is a lesser amount than 25% of the aggregate disposable earnings. However, the restriction of the amount does not apply in the case of: (1) any order of any court for the support of any person, (2) any order of any court of bankruptcy under Chapter 13 of the Bankruptcy Act, or (3) any debt due for any state or federal tax.

"Disposable earnings" means that part remaining after deduction of any amount required by law to be withheld (exemptions for university employees are federally withheld taxes and retirement contributions).