Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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The federal benefits that are exempt from garnishment include:


" Social Security Benefits

" Supplemental Security Income (SSI) Benefits

" Veterans' Benefits

" Civil Service and Federal Retirement and Disability Benefits

" Military Annuities and Survivors' Benefits

" Student Assistance

" Railroad Retirement Benefits

" Merchant Seamen Wages

" Longshoremen's and Harbor Workers' Death and Disability Benefits

" Foreign Service Retirement and Disability Benefits

" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.

" Federal Emergency Management Agency Federal Disaster Assistance.


Other exempt funds include:


" unemployment income,

" some social security disability income payments,

" some workman's compensation payments, and

" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.


Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."

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FAQ

Types of Exemptions Under Nevada Laws Nevada laws carve out a long list of property exempt from execution. Below are some examples of exemptions: Necessary household goods, furnishings, electronics, clothes, yard equipment, and other personal effects up to $12,000 in value.

In Nevada, you can write to the court that gave the garnishment order to exempt specific funds or property. To succeed, you must provide evidence and documentation, such as bank statements, tax returns, and receipts, to support your claim under state and federal laws.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

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.

You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor's wages. In order to garnish wages, you must know the name and address of the employer of the person you have the judgment against.

If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

How long do I have to file my Claim of Exemption? When the sheriff or constable serves your execution paperwork, he will mail a Notice of Execution to your last known address. You have ten business days after the Notice of Execution is mailed to file with the court to claim any exemptions you believe apply.

If you receive a notice of a wage garnishment order, you might be able to protect or "exempt" some or all of your wages by filing an exemption claim with the court or raising an objection.

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Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment