Legal Question in Landlord & Tenant Law in Nevada

I've been sued civilly for $5000. I can't pay the plaintiff. Not because I don't want to, but I just can't. my wife lost her job, and the money I'm making now isn't going to be enough to cover all of my bills, rent, food, and then the plaintiff. If the judge garnishes my wages, I'll be homeless by July and then the plaintiff will not get any of her money. What do I do?


Asked on 5/26/11, 1:29 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Have you heard the old adage that one cannot get blood from a turnip? You need to contact the Plaintiff or his/her attorney and convince them that you are, indeed, a turnip. They may demand to see financial disclosures, proof of employment (and in the case of your wife, unemployment), and lists of all other assets. They are entitled to this information and can obtain it by subpoena in what is called a "debtors' examination" if you prove to be at all uncooperative. No matter how dismal the circumstance appear on paper, they will, inevitably, attempt to get you committed to a payment plan of some sort. If you can figure how to pay even just $20-50 per month, they will not come after you with vigorous collection actions, so long as you stick to the agreement you make.

If you do not successfully prove you are incapable of making payments or start doing so immediately, you most surely will suffer execution on the judgment, which likely will result in an order of garnishment being served on your employer. Then, your HR department or payroll office will have no choice but to send the Plaintiff money each payday before issuing your check, and it will be too late to negotiate.

Give it a try in good faith. They won't work too hard to chase you down if you can show them how poor you are, but also show you are willing to pay what you can. The threat of personal bankruptcy (which would probably discharge the debt owed) is always a disincentive to them pushing you too hard.

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Answered on 5/26/11, 3:16 pm


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