A Nevada Motion for Order Allowing Examination of Judgment Debtor is a legal document filed in a Nevada court by a creditor seeking to collect a debt from a judgment debtor. This motion requests the court to issue an order authorizing the creditor to examine the judgment debtor and obtain information regarding the debtor’s assets and liabilities. The motion must be served on the judgment debtor along with a Notice of Examination. The motion must state the reasons for the examination and the scope of the examination. If the motion is granted, the court will issue an Order Allowing Examination of Judgment Debtor which specifies the date, time, and place for the examination. There are two types of Nevada Motions for Order Allowing Examination of Judgment Debtor: a pre-judgment examination and a post-judgment examination. A pre-judgment examination is conducted prior to the creditor obtaining a judgment against the debtor, while a post-judgment examination is conducted after the creditor has obtained a judgment against the debtor. Both types of motions must be served on the judgment debtor along with a Notice of Examination.
Nevada MOTION FOR ORDER ALLOWING EXAMINATION of JUDGMENT DEBTOR
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How to fill out Nevada MOTION FOR ORDER ALLOWING EXAMINATION Of JUDGMENT DEBTOR?
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FAQ
A collection lawsuit submits the issue to a judge who decides whether you owe money to the creditor and, if so, the exact amount due. A judgment is the court's final decision as to the outcome of litigation. This signals the end of the case and provides the last word on liability.
Nevada law exempts the greater of following from garnishment for any workweek: 82% of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued was $770 or less.
Nevada law allows you to keep 50 times the federal minimum wage in effect at the time of the garnishment. As of July 24, 2009, the federal minimum wage is $7.25 per hour. 50 times $7.25 is $362.50. If your disposable income is $362.50 or below, all of it is exempt from garnishment.
(NRS 21.090(1)(m).) If the judgment being collected arises from a medical bill, the judgment debtor's primary dwelling and the land upon which it is situated (if owned by the judgment debtor), including a mobile or manufactured home, are exempt from execution regardless of the amount of equity.
A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment.
Types of Exemptions Under Nevada Laws Necessary household goods, furnishings, electronics, clothes, yard equipment, and other personal effects up to $12,000 in value. 5% of your disposable earnings or 50 times the minimum wage (currently $362.50 per week), whichever is higher.
What types of income and property are exempt from execution? Under Nevada law, some of the types of income and property that a creditor cannot take to pay a judgment include: Money or payments received pursuant to the federal Social Security Act, including retirement, disability, survivors' benefits, and SSI.
The maximum legal amount of a wage garnishment is 25 percent of the net (take home) pay. However, it is up to the employer to determine the amount of net pay to be garnished. If the defendant has a prior garnishment, does not make enough money or has a child support or IRS levy, you may not receive any funds.