The Nevada Affidavit Claiming Exemption From Execution is a document used by Nevada residents to claim an exemption from the execution of a judgment or court order which requires them to pay a monetary debt. The affidavit must be filed in the court where the judgment or order was issued in order to be effective. In the affidavit, the debtor must provide evidence that they are unable to pay the debt and that they would suffer undue hardship if the debt were to be collected. There are two types of Nevada Affidavit Claiming Exemption From Execution: • Consumer Debt Exemption: This form is used when the debt is related to consumer purchases such as medical bills, credit cards, and other unsecured debts. • Real Property Exemption: This form is used when the debt is related to real property such as mortgage payments, delinquent taxes, and other secured debts. The Nevada Affidavit Claiming Exemption From Execution must be notarized and should include the debtor’s current financial information, such as income, expenses, and assets. Once the affidavit is filed, the court will review the information and determine if the debtor is eligible for an exemption from execution.
Nevada Affidavit Claiming Exemption From Execution
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You do this by filing a Claim of Exemption with the court clerk and mailing a copy to the judgment creditor, the sheriff or constable who served the collection paperwork, and any third party involved (like your employer or bank, for example).
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.
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.
All Execution/Garnishments expire after 180 days. If for some reason your judgment is not satisfied within the 180 days, you may refile in your local court. Writ of Execution on Liens (real property) are good for 6 years.
(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.
If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption.
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
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.