Does A Judgment Need To Be Registered On Docketed Judgments To Garnish Wages

Go an overview of civil judgments in Nevada, including how a judgment creditor collects a judgment and how a judgment debtor might competition collection.

Overview

At the end of a ceremonious case, the last decision awarding money to the winning party is called the "judgment." (NRCP 54(a); JCRCP 54(a).) The party who won and is entitled to collect the coin is called the "judgment creditor." The party who lost and owes money is called the "judgment debtor."

Later the judgment is signed by the judge, it must exist filed with the court clerk. This is chosen "entering" the judgment. (NRCP 58(c); JCRCP 58(c).) Once the judgment is entered, a notice of that entry must be mailed to all parties in the example and filed with the court clerk. Typically, the winning party tin can showtime trying to collect the judgment ten days after the notice of entry. (NRCP 62(a); JCRCP 62(a).) It is up to the judgment creditor – non the court – to collect from the judgment debtor.

To see a flowchart showing the collection procedure, click the link below or whorl to the bottom of this page.

Flowchart - Overview of Collection of a Ceremonious Judgment

FYI! Legal Aid Center of Southern Nevada publishes a number of handy brochures on drove topics, including Attachment and Garnishment, What It Means to Be Collection Proof, and Debt Drove. For copies, click to visit Brochures.

Q&A – Judgments And Collection

How tin can a judgment creditor strength a judgment debtor to pay a judgment?

In that location are 2 main ways a judgment creditor tin can legally take property or money from the judgment debtor to pay a judgment:

Attachment

Attachment allows the judgment creditor, with the help of the sheriff or constable, to take personal property, such as a car, from the judgment debtor and sell information technology. "Attachment" means taking legal possession of the property. "Execution" ways selling the attached holding.

Garnishment

Garnishment allows a judgment creditor to take something of the judgment debtor's that is in the hands of another person or establishment, such every bit coin from the judgment debtor's banking company or wages from his employer.

To learn more than, click to visit Garnishing Wages or Attaching Depository financial institution Accounts.

TIP! This website provides general information about collecting judgments. But judgment collection can be tricky, depending on who y'all're trying to collect from. If you hit a brick wall, you lot may want to talk to an attorney who specializes in collections. Click to visit Lawyers and Legal Help.

What information does the judgment creditor need to garnish wages or attach bank accounts?

The judgment creditor – not the court – is responsible for collecting the ceremonious judgment she won. To do that, the judgment creditor normally needs some bones information near the judgment debtor'due south money or property (for example, where he works and where he banks). If the judgment creditor does not take that information, she can ask the court to set a hearing at which the judgment debtor must provide that information.

To acquire more, click to visit Getting Data about a Judgment Debtor's Assets.

What property or coin can the judgment creditor take from the judgment debtor to pay the judgment?

The judgment creditor cannot take sure property related to bones needs. This property is called "exempt" property.

To acquire more than virtually exempt property, click to visit What a Judgment Creditor Can and Tin't Take.

FYI! Some judgment debtors are but "collection proof," meaning all their income and property is exempt and can't exist taken to pay a judgment. To larn whether y'all're drove proof and about the collection procedure mostly, attend the Complimentary Collection Proof Clinic! To larn more about the clinic, click to visit Free Classes.

When and how can the judgment debtor claim his right to an exemption?

A judgment debtor cannot presume property is safe just considering information technology is technically exempt from execution under the law. The judgment debtor must accept action to forestall the exempt holding or income from being seized or to reclaim it after it is seized.

Before zipper or garnishment, the judgment debtor can:

"Homestead" his dwelling house or mobile home if he owns it or lives in it. To learn more nigh claiming a homestead, visit the Clark County Recorder website.
If the judgment debtor has income that is exempt (like Social Security benefits), he tin notify the judgment creditor in writing of the fact that his depository financial institution account, for example, has only Social Security benefits in it. This technically does not forestall the judgment creditor from garnishing the bank account, but the judgment creditor is less likely to pursue the judgment if she knows that all funds are exempt.

After attachment or garnishment, the judgment debtor can:

File a claim of exemption with the court. When a judgment creditor garnishes wages or a banking concern business relationship or attempts to attach and sell belongings, the judgment debtor has ten days from the date the notice of the attachment or garnishment is mailed to him (postmarked) to claim that the property or money is exempt.

To learn more about filing with the court and claiming an exemption, click to visit Contesting a Garnishment or Attachment.

If the judgment creditor disagrees with the exemption claimed by the judgment debtor, what can she do?

If the judgment creditor disagrees with the judgment debtor's claimed exemptions, she has 8 business days subsequently the claim of exemption is served to file an objection with the court.

To larn more, click to visit Responding If the Judgment Debtor Contests Collection.

If the judgment debtor claims an exemption, how does he get his property back?

How (or if) the judgment debtor gets his property back depends on whether the judgment creditor objects to the exemptions claimed by the judgment debtor.

If the judgment creditor does non dispute the judgment debtor'south claim of exemption, the sheriff or constable will render the property to the judgment debtor nine business organisation days from the date the merits is served on the creditor and the sheriff or constable.
If the judgment creditor disputes the merits of exemption, the judgment creditor can asking a court hearing. The hearing will by and large occur within fourteen days subsequently the judgment debtor files and serves his claim of exemption. At the hearing, the approximate will decide whether the judgment debtor's claimed exemption is valid and whether whatsoever money or belongings must be returned.

For more data, click to visit Responding to a Judgment Creditor'south Objection.

How long does the judgment creditor take to collect a Nevada judgment?

A Nevada judgment will expire within vi years from the date it is entered in the case unless it is renewed. The procedure for renewing a judgment is found in NRS 17.214. The judgment creditor files a Proclamation for Renewal of Judgment with the clerk of the court where the judgment was entered within 90 days earlier the date the judgment is fix to expire. Any judgment liens the judgment creditor has placed on the judgment debtor's property must also be renewed.

A Declaration for Renewal of Judgment is available, free of charge, at the Cocky-Help Center. Yous can also download the form on your computer by clicking on one of the formats underneath the class'southward title below:

JUSTICE Court Declaration FOR RENEWAL OF JUDGMENT
Pdf Fillable

Click to visit Basics of Court Forms and Filing for information near how to make full out legal forms and file with the court.

What happens when the judgment is completely paid off?

Once the judgment is completely paid off, the judgment creditor must file a Satisfaction of Judgment with the court so that the payoff is reflected in the court'southward records. This is important for a couple of reasons. Get-go, Nevada police requires that the judgment creditor notify the courtroom that the judgment has been paid. (NRS 17.200.) Second, an unsatisfied judgment has a negative bear upon on a judgment debtor'south credit study and credit score. If the judgment creditor fails to file a Satisfaction of Judgment, the judgment debtor tin file a movement to have the gauge declare the judgment satisfied.

A course Satisfaction of Judgment and a Motility for Satisfaction of Judgment are available, costless of charge, at the Self-Help Middle, or you lot can download the form on your reckoner by clicking on one of the formats underneath the course'due south title below:

JUSTICE COURT SATISFACTION OF JUDGMENT
Pdf Fillable | Pdf Nonfillable

JUSTICE Court Motion FOR SATISFACTION OF JUDGMENT
Pdf Nonfillable |

Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the courtroom.
flowchart collection of judgments