Legal Question in Credit and Debt Law in Nevada

I have a issue with a wage garnishment, due to a debt I owe. I have monies currently taken out of my bi-weekly check, which started this past week on Thursday. I have never received any affidavit relating to the wage garnishment, I wasn't served by anyone (even though my wife was contacted and asked if she would be available to be served papers) nor was I given any papers by certified mail? Is this legal for them to do this? I have received a copy of a alleged garnishment decree by the "Justice Court" here in Las Vegas after the wage garnishment commenced, but like I had previously said, I was never served, or given the opportunity to defend myself in court.


Asked on 1/26/10, 2:54 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

You need to file a Motion to Set Aside Default based upon lack of service and stop the garnishment. It is not legal to collect from you without being served but obviously, the plaintiff has an affidavit from a process server saying that they served you.

If you would like an appointment to discuss, email me at [email protected]

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Answered on 2/01/10, 8:03 am


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