How to submit a Claim of Exemption Pursuant to NRS 21.112.
Let us see if you have received a notice of garnishment from your employer. You should make sure that your exempted income is not garnished by the judgment holder i.e. Plaintiff in this matter. Let us assume you lost the case, did not defend your self, or there is a default judgment against you, and the judgment holder has traced and finally found your employer, and now garnishing your wages. You are also working and just cannot quit your job and be incommunicado again. Now, all of a sudden you receive two things:
A notice of execution from the Constable’s office
- Perhaps, little later, a letter from your payroll department informing you about the impending garnishment. Now, no need to be panicked. You can call and find your attorney, if you like but you can also see if you have assets which are exempted.
You can file and submit a Claim of Exemption pursuant to NRS 21.112 and state as follows:
[ ] I am a Defendant in this case and have had my wages withheld or have received a Notice of Execution regarding the attachment or garnishment of my wages, money, benefits, or property.
[ ] I am not a Defendant in this case, but my wages, money, benefits, or property are the subject of an attachment or garnishment relating to a Defendant in this case. (NRS 21.211(10).)
My wages, money, benefits, or property are exempt by law from execution as indicated below. Pursuant to NRS 21.112(4), if the Plaintiff/Judgment Creditor does not file an objection and notice of hearing in response to this Claim of Exemption within eight judicial days after my Claim of Exemption from Execution has been served, any person who has control or possession over my wages, money, benefits, or property (such as my employer or bank, for example) must release them to me within nine judicial days after this Claim of Exemption has been served.
(Check all the following boxes that apply to your wages, money, benefits or property.)
[ ] Money or payments received pursuant to the federal Social Security Act, including retirement, disability, and survivor’s benefits and SSI. (NRS 21.090(l)(y) and 42 U.S.C. § 407(a).)
[ ] Money or payments for assistance received from the Nevada Department of Health and Human Services, Division of Welfare and Supportive Services pursuant to NRS 422.291). (NRS 21.090(l)(kk) and 422A.325.)
[ ] Money or payments received as unemployment insurance benefits pursuant to NRS 612.710. (NRS 21.090(l)(hh).)
[ ] Money or compensation payable or paid under NRS 616A and 616D (worker’s compensation/industrial insurance), as provided in NRS 616C.205. (NRS 21.090(l)(gg).)
[ ] Money or payments received as veteran’s benefits (38 U.S.C. § 5301.)
[ ] Money or payments received as retirement benefits under the federal Civil Service Retirement System (CSRS) or Federal Employee Retirement System (FERS). (5 U.S.C. § 8346.)
[ ] Seventy-five percent (75%) of my disposable earnings. “Disposable earnings” are earnings remaining “after the deduction … of any amounts required by law to be withheld.” NRS 21.090(1)(g)(I).) The “amounts required by law to be withheld” are federal income tax, Medicare, and Social Security taxes.
[ ] Check here if your disposable weekly earnings do not exceed $362.50 or 50 times the federal minimum wage (50 x $7.25 = $362.50), in which case ALL of your disposable earnings are exempt. (NRS 21.090(1)(g).)
[ ] Check here if your disposable weekly earnings are between $362.50 and $483.33, in which case your exempt income is always $362.50. Your non-exempt income is your weekly disposable earnings minus $362.50, which equals (insert amount here): $ per week. (NRS 31.295.)
[ ] Money or payments received pursuant to a court order for child support, education, and maintenance of a child, or for the support of a former spouse, including arrearages. (NRS 21.090 (1)(s)-(t).)
[ ] Money received as a result of the federal Earned Income Tax Credit (EITC) or similar credit provided under Nevada law. (NRS 21.090(1)(aa).)
[ ] $1,000 or less of my money or other personal property, identified as (describe the specific money or property you wish to make exempt) , which is not otherwise exempt under NRS 21.090 (NRS 21.090(1)(z).)
[ ] Money, up to $500,000, held in a retirement plan in accordance with Internal Revenue Code, including, but not limited to, an IRA, 401 k, 403b, or other qualified stock bonus, pension, or profit-sharing plan (NRS 21.090(1)(r).)
[ ] All money, benefits, privileges, or immunities derived from a life insurance policy, if the annual premium does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges, and immunities derived from the insurance that the $15,000 bears to the whole annual premium paid. (NRS 21.090(1)(k).)
[ ] Money, benefits, or refunds payable or paid from Nevada’s Public Employee’s Retirement System pursuant to NRS 286.670. (NRS 21.090.(l)(ii).)
[ ] A homestead recorded pursuant to NRS 115.010 on a dwelling (house, condominium, townhome, and land) or a mobile home where my equity does not exceed $550,000 (NRS 21.090(1)(1).)
[ ] My dwelling, occupied by me and my family, where the amount of my equity does not exceed $550,000, and I do not own the land upon which the dwelling is situated. (NRS 21.090(l)(m).)
[ ]Check here if the judgment being collected arises from a medical bill. If it does, your primary dwelling and land upon which it is situated (if owned by you), including a mobile or manufactured home, are exempt from execution regardless of the equity (NRS 21.095).
[ ] My vehicle, where the amount of equity does not exceed $15,000, or I will pay the judgment creditor any amount over $15,000 in equity. (NRS 21.090(l)(f).)
[ ]Check here if your vehicle is specially equipped or modified to provide mobility for you or your dependent and either you or your dependent has a permanent disability. Your vehicle is exempt regardless of the equity. (NRS 21.090(1)(p).)
[ ] A prosthesis or any equipment prescribed by a physician or dentist for me or my dependent. (NRS 21.090(1)(q).)
[ ] My private library, works of art, musical instruments, jewelry, or keepsakes belonging to me or my dependent, chosen by me and not to exceed $5,000 in value. (21.090(1)(a).)
[ ] My necessary household goods, furnishings, electronics, clothes, personal effects, or yard equipment, belonging to me or my dependent, chosen by me and not to exceed $12,000 in value. (21.090(1)(b ).)
[ ] Money or payments received from a private disability insurance plan. (NRS 21.090(1)(ee).)
[ ] Money in a trust fund for funeral or burial services pursuant to NRS 689.700. (NRS 21.090(1)(ff).)
[ ] My professional library, equipment, supplies, and the tools, inventory, instruments, and materials used to carry on my trade or business for the support of me and my family not to exceed $10,000 in value. (NRS 21.090(1)(d).)
[ ] Money that I reasonably deposited with my landlord to rent or lease a dwelling that is used as my primary residence, unless the landlord is enforcing the terms of the rental agreement or lease. (NRS 21.090(1)(n).)
[ ] Money or payments, up to $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by me or by a person upon whom I am dependent. (NRS 21.090(1)(u).)