Nevada Writ

WRIT OF EXECUTION / NOTICE OF EXECUTION AFTER JUDGMENT

JUSTICE COURT, TOWNSHIP

__________ COUNTY, NEVADA

THIS FORM MUST BE TYPED. NEED ONE ORIGINAL AND ONE COPY. (BOTH SIDES ON ONE SHEET OF PAPER.)

THE STATE OF NEVADA TO THE CONSTABLE SHERIFF, TOWNSHIP, GREETINGS:

DATE OF JUDGMENT

On , 20____ a Judgment, upon which there is due in United States Currency the following amounts was entered in this action in favor of as Judgment Creditor and against as 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 following net balance which sum bears interest at %, $ per 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.

JUDGMENT BALANCE AMOUNTS TO BE COLLECTED BY LEVY

NOW, THEREFORE, you are commanded to satisfy the Judgment for the total amount due out of the following described personal property and if sufficient personal property cannot be found, then out of the following described real property:

(SEE REVERSE SIDE FOR EXEMPTIONS WHICH MAY APPLY)

EXEMPTIONS WHICH APPLY TO THIS LEVY

(Check Appropriate Paragraph & Complete As Necessary)

Property Other Than Wages. The exemption set forth in NRS 21.090 or in other applicable Federal Statutes may apply. Consult an attorney.

Earnings. The amount subject to garnishment and this Writ shall not exceed for any one pay period the lesser of:

a. 2.5% of the disposable earnings due the Judgment Debtor for the pay period, or

b. the difference between the disposable earnings for the period and $100.50 per week for each week of the pay period.

Earnings (Judgment or Order for Support)

A Judgment was entered for amounts due under a Decree or Order entered on , 20____, by the for the support of , for the period from , 20____, through , 20____, in installments of $.

The amount of disposable earnings subject to garnishment and this Writ shall not exceed for any one day period: (Check Appropriate Box)

a maximum of 50 percent of the disposable earnings of such Judgment Debtor who is supporting a spouse or dependant 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 dependant 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.

NOTE: Disposable earnings are defined as gross earnings less deductions for Federal Income Tax Withholding, Federal Social Security Tax and Withholding for any State, County, or City Taxes.

You are required to return this Writ from date of issuance not less than 10 days or more than 120 days with the results of your levy endorsed thereon. If wages are involved causing the Writs of Garnishment and Execution to extend past the 120 days, the result of the continuing levy thereafter must be reported to the Constable or Sheriff’s Civil Bureau.

RETURN

I hereby certify that I have this date returned the Foregoing Writ of Execution with the results of the levy endorsed thereon.

Costs Incurred $

Commission Incurred $

Costs Received $

By: REMITTED TO JUDGMENT CREDITOR $

Title Date

NOTICE OF EXECUTION AFTER JUDGMENT

I. YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHED

The Court has determined that you owe money to the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, attachment of your bank account or 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.

2. Payments for benefits or the return of contributions under the Public Employees Retirements System.

3. Payments for public assistance granted through the Welfare Division of the Department of Human Resources.

4. Proceeds from a policy of life insurance.

5. Payments of benefits under a program of industrial insurance.

6. Payments received as unemployment compensation.

7. Veteran’s benefits.

8. A homestead in a dwelling or a mobile home, not to exceed $125,000.00, unless: a. The judgment is for a medical bill, in which case all 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.

9. A vehicle, if your equity in the vehicle is less than $4,500.00

10. Seventy-five percent of the take home pay from any period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

11. Money, not to exceed $500,00.00 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of Section 401 et. seq. of the Internal Revenue Code (26 U.S.C. 401 et. seq.).

12. 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.

13. 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.

14. A vehicle for use by you or your dependant which is specially equipped or modified to provide mobility for a person with a permanent disability.

15. A prosthesis or any equipment prescribed by a physician or dentist for you or your defendant.

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 any attorney, you may be eligible for assistance through Nevada Legal Services.

II. 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 or constable 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 hearing is filed.

NOTE: 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.