1 2 3 WRIT Name: _____________________ Address: ___________________ 4 5 6 ___________________________ Telephone No.: ______________ 7 DISTRICT COURT 8 CLARK COUNTY, NEVADA 9 10 11 12 13 14 15 _________________________________ _________________________________ _________________________________ Plaintiff(s), CASE NO.__________ -vs_________________________________ _________________________________ _________________________________ Defendant(s). DEPT. NO.__________ 16 17 18 WRIT OF EXECUTION Earnings Other Property 19 Earnings, Order of Support 20 21 22 23 THE STATE OF NEVADA TO THE CONSTABLE OF THE _________________ TOWNSHIP, GREETINGS: a judgment, upon which there is due in On ____________________, 20 24 United States Currency the following amounts, was entered in this action in favor of 25 _____________________________________________________ as judgment creditor 26 and against ______________________________________________________ as 27 28 judgment debtor. Interest and costs have accrued in the amounts shown. Any satisfaction has been credited first against total accrued interest and costs, leaving the 1 Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com 1 following net balance, which sum bears interest at % per annum, $_________ per 2 3 4 day from issuance of this writ to date of levy and to which sum must be added all commissions and costs of executing this Writ. 5 6 7 8 9 10 11 12 13 14 JUDGMENT BALANCE AMOUNTS TO BE COLLECTED BY LEVY Principal _________ NET BALANCE _________ Pre-judgment Interest _________ Fee this Writ _________ Attorney’s Fee _________ Garnishment Fee _________ Costs _________ Mileage _________ JUDGMENT TOTAL _________ Levy Fee _________ Accrued Costs _________ Advertising _________ Accrued Interest _________ Storage _________ Less Satisfaction _________ Interest from _________ Date of Issuance _________ SUB-TOTAL _________ Commission _________ TOTAL LEVY _________ 15 16 NET BALANCE _________ 17 18 19 NOW, THEREFORE, you are commanded to satisfy the judgment for the total 20 21 amount due out of the following described personal property and if sufficient personal 22 property cannot be found, then out of the following described real property: __________ 23 ______________________________________________________________________ 24 ______________________________________________________________________ 25 (See below for exemptions which may apply) 26 27 28 EXEMPTIONS WHICH APPLY TO THIS LEVY (Check appropriate paragraph and complete as necessary) Property other than wages. The exemption set forth in NRS 21.090 or in 2 Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 other applicable Federal Statutes may apply, consult an attorney. 4 Earnings. The amount subject to garnishment and this writ shall not exceed 5 for any one pay period the lesser of: 6 A. 25% of the disposable earnings due the judgment debtor for the pay 7 period, or 8 9 B. $100.50 per week for each week of the pay period. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The difference between the disposable earnings for the period and Earnings (Judgment or Order of Support) A Judgment was entered for amounts due under a decree or order entered on , 20 , by the for support of , for the period from 20 , in , 20 installments of $ , through , . The amount of disposable earnings subject to garnishment and this writ shall not exceed for any one pay period: A maximum of 50 percent of the disposable earnings of such judgment debtor who is supporting a spouse or dependent child other than the dependent named above; A maximum of 60 percent of the disposable earnings of such judgment debtor who is not supporting a spouse or dependent child other than the dependent named above; Plus an additional 5 percent of the disposable earnings of such judgment debtor if and to extent that the judgment is for support due for a period of time more than 12 weeks prior to the beginning of the work period of the judgment debtor during which the levy is made upon the disposable earnings 3 Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 NOTE: Disposable earnings are defined as gross earnings less deductions 4 for Federal Income Tax Withholding, Federal Social Security Tax and 5 Withholding for any State, County or City Taxes. 6 7 You are required to return this Writ from date of issuance not less than 10 days or more than 60 days with the results of your levy endorsed thereon. 8 EDWARD A. FRIEDLAND CLERK OF COURT 9 10 11 By:________________________________ Deputy Clerk Date Submitted By: RETURN 12 13 _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ Not satisfied $________ Satisfied in sum of $________ Costs retained $________ 17 Commission retained $________ 18 Costs incurred $________ 19 Commission incurred $________ Costs Received $________ 14 15 16 20 21 22 23 24 25 CONSTABLE TOWNSHIP OF ________________ REMITTED TO JUDGMENT CREDITOR . $________ By:___________________________ Deputy Date 26 27 28 4 Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com DISTRICT COURT CLARK COUNTY, NEVADA NOTICE OF EXECUTION YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHED , A court has determined that you owe money to the judgment creditor. He 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 under the Social Security Act including, without limitations retirement and survivor 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 Welfare Division of the Department of Human Resources or a local governmental entity. 4. Proceeds from a policy of life insurance if the annual premium does not exceed $15,000. 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, not to exceed $350,000, 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. A vehicle, if your equity in the vehicle is less than $15,000. 11. Seventy-five percent of the take-home pay for any workweek, unless the weekly takehome pay is less than 50 times the federal minimum wage, in which case the entire amount may be exempt. 12. Money, not to exceed $500,000 in present value, held in: (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A; (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. §§ 408; (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code; (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan 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. Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com 13. 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. 14. 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. 15. 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. 16. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent. 17. 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. 18. 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. 19. 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. 20. Payments received as restitution for a criminal act. → 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 Nevada Legal Services. 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 a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion 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 motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed. IF YOU DO NOT FILE THE AFFIDAVIT 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. (Added to NRS by 1989, 1135; A 1991, 811, 1412; 1995, 227, 1071; 1997, 265, 3412; 2003, 1010, 1812) Writ_of_Execution_ED.doc/8/8/2008 American LegalNet, Inc. www.FormsWorkflow.com