A Nevada Examination of Judgment Debtor Hearing Motion And Order is a court order issued by a Nevada court when a creditor seeks to collect a debt from a debtor. This hearing is conducted in order to determine if the debtor has the means to repay the debt, and if so, the court will make an order that sets the terms of repayment for the debtor. The primary types of Nevada Examination of Judgment Debtor Hearing Motion And Order are: 1. Wage Garnishment: This order requires the debtor's employer to withhold a certain amount of the debtor's wages each pay period and send them directly to the creditor. 2. Bank Levy: This order requires the debtor's bank to freeze the debtor's accounts and send the money to the creditor. 3. Lien: This order requires the debtor to place a lien on their property and transfer the ownership to the creditor until the debt is paid off. 4. Property Seizure: This order allows the creditor to seize the debtor's property, such as vehicles, furniture, or jewelry, and sell it to pay off the debt.
Nevada Examination of Judgment Debtor Hearing Motion And Order
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How to fill out Nevada Examination Of Judgment Debtor Hearing Motion And Order?
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FAQ
The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.
(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.
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.
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.
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.
A judgment debtor examination is a court proceeding created by law where the party who has obtained a judgment in court is entitled to ask questions of the person who owes that judgment.
Nevada law allows you to keep 50 times the federal minimum wage in effect at the time of the garnishment. As of July 24, 2009, the federal minimum wage is $7.25 per hour. 50 times $7.25 is $362.50. If your disposable income is $362.50 or below, all of it is exempt from garnishment.
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.