Legal Question in Bankruptcy in Nevada

Garnishment, what is employer's responsiblities

An employee files Chapter 7 Bankruptcy after a garnishment is sent to the employer. The Sheriff told employer not to sent anymore money. Does the employer obligated to still garnish the wages and send to the Trustee or does the employer stop garnishing the wages from the employee's paycheck?


Asked on 1/18/02, 7:55 pm

1 Answer from Attorneys
Robert Grayson Law Offices of Robert A .Grayson

Re: Garnishment, what is employer's responsiblities

The employer is authorized to deduct sums pursuant to a Writ of Garnishment from the sheriff. When the sheriff informs the employer not to deduct, your employer cannot garnish for any purpose. The automatic stay imposed by your filing a Chapter 7 stops the garnishment. Your wages after filing are not subject to paying dischargable debts incurred prior to filing, so no money can be paid to the Trustee from post petition income.

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Answered on 1/21/02, 3:54 pm


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