Nevada § 21.075 - Notice of writ of execution: Service required; form; contents

§ 21.075. Notice of writ of execution: Service required; form; contents

1. Execution on the writ of execution by levying on the property of the judgment debtor

may occur only if the sheriff serves the judgment debtor with a notice of the writ

of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain

the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time

the writ is issued. 2. The notice required pursuant to subsection 1 must be substantially in the following

form: NOTICE OF EXECUTION YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHED A court has determined that you owe money to __________ (name of person), the judgment creditor. The judgment creditor has begun the procedure to collect that money by garnishing

your wages, bank account and other personal property held by third persons or by taking

money or other property in your possession. Certain benefits and property owned by you may be exempt from execution and may not

be taken from you. The following is a partial list of exemptions: 1. Payments received pursuant to the federal Social Security Act, including, without

limitation, retirement and survivors' benefits, supplemental security income benefits

and disability insurance benefits. 2. Payments for benefits or the return of contributions under the Public Employees'

Retirement System. 3. Payments for public assistance granted through the Division of Welfare and Supportive

Services of the Department of Health and Human Services or a local governmental entity. 4. Proceeds from a policy of life insurance. 5. Payments of benefits under a program of industrial insurance. 6. Payments received as disability, illness or unemployment benefits. 7. Payments received as unemployment compensation. 8. Veteran's benefits. 9. A homestead in a dwelling or a mobile home, including, subject to the provisions

of NRS 115.055 , the proceeds from the sale of such property, not to exceed $605,000, unless: (a) The judgment is for a medical bill, in which case all of the primary dwelling,

including a mobile or manufactured home, may be exempt. (b) Allodial title has been established and not relinquished for the dwelling or mobile

home, in which case all of the dwelling or mobile home and its appurtenances are exempt,

including the land on which they are located, unless a valid waiver executed pursuant

to NRS 115.010 is applicable to the judgment. 10. All money reasonably deposited with a landlord by you to secure an agreement to

rent or lease a dwelling that is used by you as your primary residence, except that

such money is not exempt with respect to a landlord or landlord's successor in interest

who seeks to enforce the terms of the agreement to rent or lease the dwelling. 11. A vehicle, if your equity in the vehicle is less than $15,000. 12. Eighty-two percent of the take-home pay for any workweek if your gross weekly

salary or wage was $770 or less on the date the most recent writ of garnishment was

issued, or seventy-five percent of the take-home pay for any workweek if your gross

weekly salary or wage exceeded $770 on the date the most recent writ of garnishment

was issued, unless the weekly take-home pay is less than 50 times the federal minimum

hourly wage, in which case the entire amount may be exempt. 13. Money, not to exceed $1,000,000 in present value, held in: (a) An individual retirement arrangement which conforms with or is maintained pursuant

to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code , 26 U.S.C. §§ 408 and 408A , including, without limitation, an inherited individual retirement arrangement; (b) A written simplified employee pension plan which conforms with or is maintained

pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code , 26 U.S.C. § 408 , including, without limitation, an inherited simplified employee pension plan; (c) A cash or deferred arrangement plan which is qualified and maintained pursuant

to the Internal Revenue Code, including, without limitation, an inherited cash or

deferred arrangement plan; (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is

qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code , 26 U.S.C. §§ 401 et seq. ; and (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS , any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code , 26 U.S.C. § 529 , unless the money is deposited after the entry of a judgment against the purchaser

or account owner or the money will not be used by any beneficiary to attend a college

or university. 14. All money and other benefits paid pursuant to the order of a court of competent

jurisdiction for the support, education and maintenance of a child, whether collected

by the judgment debtor or the State. 15. All money and other benefits paid pursuant to the order of a court of competent

jurisdiction for the support and maintenance of a former spouse, including the amount

of any arrearages in the payment of such support and maintenance to which the former

spouse may be entitled. 16. Regardless of whether a trust contains a spendthrift provision: (a) A present or future interest in the income or principal of a trust that is a contingent

interest, if the contingency has not been satisfied or removed; (b) A present or future interest in the income or principal of a trust for which discretionary

power is held by a trustee to determine whether to make a distribution from the trust,

if the interest has not been distributed from the trust; (c) The power to direct dispositions of property in the trust, other than such a power

held by a trustee to distribute property to a beneficiary of the trust; (d) Certain powers held by a trust protector or certain other persons; and (e) Any power held by the person who created the trust. 17. If a trust contains a spendthrift provision: (a) A present or future interest in the income or principal of a trust that is a mandatory

interest in which the trustee does not have discretion concerning whether to make

the distribution from the trust, if the interest has not been distributed from the

trust; and (b) A present or future interest in the income or principal of a trust that is a support

interest in which the standard for distribution may be interpreted by the trustee

or a court, if the interest has not been distributed from the trust. 18. A vehicle for use by you or your dependent which is specially equipped or modified

to provide mobility for a person with a permanent disability. 19. A prosthesis or any equipment prescribed by a physician or dentist for you or

your dependent. 20. Payments, in an amount not to exceed $16,150, received as compensation for personal

injury, not including compensation for pain and suffering or actual pecuniary loss,

by the judgment debtor or by a person upon whom the judgment debtor is dependent at

the time the payment is received. 21. Payments received as compensation for the wrongful death of a person upon whom

the judgment debtor was dependent at the time of the wrongful death, to the extent

reasonably necessary for the support of the judgment debtor and any dependent of the

judgment debtor. 22. Payments received as compensation for the loss of future earnings of the judgment

debtor or of a person upon whom the judgment debtor is dependent at the time the payment

is received, to the extent reasonably necessary for the support of the judgment debtor

and any dependent of the judgment debtor. 23. Payments received as restitution for a criminal act. 24. Personal property, not to exceed $10,000 in total value, if the property is not

otherwise exempt from execution. 25. A tax refund received from the earned income credit provided by federal law or

a similar state law. 26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section. These exemptions may not apply in certain cases such as a proceeding to enforce a

judgment for support of a person or a judgment of foreclosure on a mechanic's lien. You should consult an attorney immediately to assist you in determining whether

your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through __________ (name of organization in county providing legal services to indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization

that provides assistance to persons who qualify, you may obtain the form to be used

to claim an exemption from the clerk of the court. PROCEDURE FOR CLAIMING EXEMPT PROPERTY If you believe that the money or property taken from you is exempt, you must complete

and file with the clerk of the court an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee

and the judgment creditor within 10 days after the notice of execution or garnishment

is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial

days after you serve the claim of exemption upon the sheriff, garnishee and judgment

creditor, unless the sheriff or garnishee receives a copy of an objection to the claim

of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money

is exempt. The objection to the claim of exemption and notice for the hearing to determine

the issue of exemption must be filed within 8 judicial days after the claim of exemption

is served on the judgment creditor by mail or in person and served on the judgment

debtor, the sheriff and any garnishee not less than 5 judicial days before the date

set for the hearing. The hearing to determine whether the property or money is exempt must be held within

7 judicial days after the objection to the claim of exemption and notice for the hearing

is filed. You may be able to have your property released more quickly if you mail to the judgment

creditor or the attorney of the judgment creditor written proof that the property

is exempt. Such proof may include, without limitation, a letter from the government, an annual

statement from a pension fund, receipts for payment, copies of checks, records from

financial institutions or any other document which demonstrates that the money in

your account is exempt. IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR

PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY

OR MONEY IS EXEMPT.