Notice Of Execution After Judgment Form. This is a Nevada form and can be use in Clark County.
Tags: Notice Of Execution After Judgment, Nevada County, Clark
Justice Court, Las Vegas Township CLARK COUNTY, NEVADA CASE NO._________________________ DEPT. NO. ________________ NOTICE OF EXECUTION AFTER JUDGMENT 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 pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ 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 Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity. 4. Proceeds from a policy of life insurance. 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 $550,000, 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. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling. 11. A vehicle, if your equity in the vehicle is less than $15,000. American LegalNet, Inc. www.FormsWorkflow.com 12. Seventy–five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt. 13. 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. 14. 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. 15. 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. 16. 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. 17. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent. 18. Payments, in an amount not to exceed $16,150.00, 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. 19. 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. 20. 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. 21. Payments received as restitution for a criminal act. 22. Stock of a corporation described in subsection 2 of section 43.5 of SB 242 from the 2007 Legislative Session, except as set forth in that section. 23. Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution. 24. A tax refund received from the earned income credit provided by federal law or a similar state law. American LegalNet, Inc. www.FormsWorkflow.com 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. American LegalNet, Inc. www.FormsWorkflow.com