Nevada Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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US-02741BG
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Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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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.

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.

How long does the judgment creditor have to collect a Nevada judgment? In Nevada, a judgment will expire within six years from the date it is entered.

Like federal law, in Nevada, up to 50% of your disposable earnings may be garnished to satisfy an order for the support of any person, such as spousal or child support, if you're currently supporting a spouse or a child who isn't the subject of the order.

If you already have a judgment, then Nevada law provides legal remedies to obtain assets from a debtor who is unwilling to voluntarily pay. These remedies include bank and wage garnishments. You can also obtain a court order for the judgment debtor to appear for an examination under oath to list assets.

Under Nevada Revised Statute (NRS), a judgment creditor can seize goods, chattels, money, and other personal and real property. This means that a judgment may allow a creditor to garnish personal property, levy bank accounts, put liens on real property, and even initiate wage garnishment.

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.

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.

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Nevada Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached