Nevada Affidavit Claiming Exemption From Execution

State:
Nevada
Control #:
NV-SKU-0395
Format:
PDF
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Description

Affidavit Claiming Exemption From Execution

The Nevada Affidavit Claiming Exemption From Execution is a legal document that allows a debtor to claim an exemption from the enforcement of a court judgement. This document can be used in any case involving a court judgement, including debt collection, foreclosure, or repossession. The affidavit must be signed by the debtor and notarized in order to be valid. In Nevada, a debtor can claim an exemption from execution from three main sources: the Nevada Constitution, Title 11 of the Nevada Revised Statutes, and the Nevada Supreme Court Rules. Depending on the type of debt and the debtor's financial situation, different exemptions may be available. For example, under Nevada's Constitution, a debtor may be able to exempt up to $10,000 in personal property, including household goods, clothing, and jewelry. Under Title 11 of the Nevada Revised Statutes, a debtor may be able to exempt up to $15,000 in personal property. Finally, under the Nevada Supreme Court Rules, a debtor may be able to exempt up to $25,000 in personal property. There are two types of Nevada Affidavit Claiming Exemption From Execution: an individual affidavit and a joint affidavit. An individual affidavit is used when only one person is claiming an exemption from execution, while a joint affidavit is used when two or more people are claiming an exemption from execution.

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FAQ

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.

(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.

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.

How long does the judgment creditor have to collect a Nevada judgment? A Nevada judgment will expire within six years from the date it is entered in the case unless it is renewed.

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.

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).

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.

More info

Fill out the Claim of Exemption form completely. Attach documentation to the Claim of Exemption to support the exemptions you are claiming.To claim the head of family exemption, you must complete the affidavit on page one. If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court an executed claim of exemption. AFFIDAVIT CLAIMING EXEMPTION FROM LICENSURE. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms Must indicate in a written statement which exemption they claim. AFFIDAVIT - Affidavit Under the Small Estates Act (Probate) P.doc Form 005P. I authorize the Sheriff to provide and complete the execution notice and exemption claim forms on my behalf if required. Under Texas law, a small estate affidavit must include the following information.

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Nevada Affidavit Claiming Exemption From Execution