Nevada Exemptions to Money Judgements (Good news for debtors)

What are Nevada Exemptions against Money Judgment (things which cannot be collected) from Defendants

An exempt property is that which cannot be garnished or forefeited even if there is a judgment against you. In other words, there are certain types of property that cannot be taken from you even if you have a judgment against you. This property is called exempt property. Included in the property which is exempt under Nevada law (NRS 21.090) are:

  • 75% of your disposable earnings or 50 times the minimum wage (currently $362.50 per week) which ever is higher.
  • Payments received as disability, illness or unemployment benefits
  • Workers Compensation (SIIS) benefits
  • Welfare benefits, public assistance benefits from the Nevada State Welfare Division (TANF, Food Stamps, etc.) or local government (like General Assistance)
  • Veterans benefits
  • Social Security and Supplementary Security Income
  • Social Security disability payments
  • Amounts paid pursuant to a court order for child support or maintenance of a former spouse.
  • Vocational rehabilitation benefits
  • Certain federal and state retirement monies
  • Certain Individual Retirement Accounts
  • Life insurance proceeds, if your annual premium is less than $15,000
  • One vehicle, if your equity (the market value minus how much you owe) is under $15,000, unless the lawsuit concerned the loan on the vehicle.
  • A “homesteaded” house or mobile home, even if you do not own the land. The exemption protects up to $550,000 of the home’s value. It can protect up to 100% if the judgment is for a medical bill or you establish “allodial title”. The homestead exemption does not apply if the judgment was for the mortgage or a mechanic’s lien upon the property.
  • Necessary household goods, personal effects, and yard equipment, (maximum $12,000).
  • Professional Libraries, equipment, supplies, and the tools, inventory, and materials to carry on your trade or business for the support of yourself or your family (maximum $10,000); Private libraries, works of art, musical instruments and jewelry which belong to you or your dependent (maximum of $5,000).
  • Compensation for personal injury up to $16,150 (excluding pain and suffering or actual pecuinary loss) to you or your dependents.
  • Certain compensation for the wrongful death of a person upon whom you were dependent to the extent reasonably necessary to support you and your dependents.
  • Compensation for the loss of your future earnings or the future earnings of a person upon whom you were dependent to the extent reasonably necessary to support you and your dependents.
  • Restitution payments to you for a criminal act.
  • A security deposit on your primary residence.
  • Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt.
  • A tax refund received from the earned income credit provided by federal law or a similar state law.
  • Proceeds received from a private disability insurance plan.
  • Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
  • Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
  • Unemployment compensation benefits received pursuant to NRS 612.710.
  • Benefits or refunds payable or paid from the Public Employees Retirement System pursuant to NRS 286.670.
  • Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
  • Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291.
  • Child welfare assistance provided pursuant to NRS 432.036.
  • If money has been deposited into a personal bank account electronically within the immediately preceding 45 days from the date on which the writ was served which is reasonably identifiable as exempt from execution under federal law, notwithstanding any other deposits of money into the account, $2,000 or the entire amount in the account, whichever is less, is exempt.
  • For personal bank accounts which do not contain exempt federal funds deposited electronically, $400 or the entire amount in the account, whichever is less, is is exempt, unless the writ of execution or garnishment is for the recovery of money owed for the support of any person.

Note: This is not a complete list of exemptions. Call the law office of Malik W. Ahmad at (702) 270-9100 to discuss your personal situation. Remember, we offer 20 minutes of our time free.

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