Last updated: 5/1/2018
Notice Of Execution
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Description
JUSTICE COURT, HENDERSON TOWNSHIP CLARK COUNTY, NEVADACASE NO. NOTICE OF EXECUTIONYOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHEDA court has determined that you owe money to ..............................................................................................(name of person), the judgment creditor. The Judgement Creditor has begun the procedure to collect thatmoney by garnishing your wages, bank account and other personal property held by third persons or bytaking money or other personal property in your possession.Certain benefits and property owned by you may be exempt from execution and may not be taken fromyou. The following is a partial list of exemptions:1.Payments received pursuant to the federal Social Security Act, including, without limitation,retirement and survivors222 benefits, supplemental security income benefits and disability insurancebenefits. 2.Payments for benefits or the return of contributions under the Public Employees222 Retirement System. 3.Payments for public assistance granted through the Division of Welfare and Supportive Services of theDepartment of Health and Human Services or a local governmental entity. 4.Proceeds from a policy of life insurance. 5.Payments of benefits under a program of industrial insurance. 6.Payments received as disability, illness or unemployment benefits. 7.Payments received as unemployment compensation. 8.Veteran222s benefits. 9.A homestead in a dwelling or a mobile home, not to exceed $550,000, unless: (a)The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile ormanufactured home, may be exempt. (b)Allodial title has been established and not relinquished for the dwelling or mobile home, in whichcase all of the dwelling or mobile home and its appurtenances are exempt, including the land onwhich they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable tothe judgment. 10.All money reasonably deposited with a landlord by you to secure an agreement to rent or lease adwelling that is used by you as your primary residence, except that such money is not exempt withrespect to a landlord or landlord222s successor in interest who seeks to enforce the terms of theagreement to rent or lease the dwelling.11.A vehicle, if your equity in the vehicle is less than $15,000. 12.Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage on thedate the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of thetake-home pay for any workweek if your gross weekly salary or wage on the date the most recent writof garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times thefederal minimum hourly wage, in which case the entire amount may be exempt. 13.Money, not to exceed $500,000 in present value, held in and any proceeds paid from: (a)An individual retirement arrangement which conforms with the applicable limitations andrequirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. 247247 408 and 408A; (b)A written simplified employee pension plan which conforms with the applicable limitations andrequirements of Section 408 of the Internal Revenue Code, 26 U.S.C. 247 408; (c)A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code; (d)A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified planpursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. 247247 401 et seq.; and (e)A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, anyapplicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal American LegalNet, Inc. www.FormsWorkFlow.com Revenue Code, 26 U.S.C. 247 529, unless the money is deposited after the entry of a judgmentagainst the purchaser or account owner or the money will not be used by any beneficiary to attenda college or university. 14.All money and other benefits paid pursuant to the order of a court of competent jurisdiction for thesupport, education and maintenance of a child, whether collected by the judgment debtor or the State.15.All money and other benefits paid pursuant to the order of a court of competent jurisdiction for thesupport and maintenance of a former spouse, including the amount of any arrearages in the payment ofsuch support and maintenance to which the former spouse may be entitled. 16.Regardless of whether a trust contains a spendthrift provision: (a)A present or future interest in the income or principal of a trust, if the interest has not beendistributed from the trust; (b)A remainder interest in the trust whereby a beneficiary of the trust will receive property from thetrust outright at some time in the future under certain circumstances; (c)A discretionary power held by a trustee to determine whether to make a distribution from the trust,if the interest has not been distributed from the trust; (d)The power to direct dispositions of property in the trust, other than such a power held by a trusteeto distribute property to a beneficiary of the trust; (e)Certain powers held by a trust protector or certain other persons; (f)Any power held by the person who created the trust; and (g)Any other property of the trust that has not been distributed from the trust. Once the property isdistributed from the trust, the property is subject to execution. 17.If a trust contains a spendthrift provision: (a)A mandatory interest in the trust in which the trustee does not have discretion concerning whetherto make the distribution from the trust, if the interest has not been distributed from the trust; (b)A support interest in the trust in which the standard for distribution may be interpreted by thetrustee or a court, if the interest has not been distributed from the trust; and (c)Any other property of the trust that has not been distributed from the trust. Once the property isdistributed from the trust, the property is subject to execution. 18.A vehicle for use by you or your dependent which is specially equipped or modified to providemobility for a person with a permanent disability. 19.A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent. 20.Payments, in an amount not to exceed $16,150, received as compensation for personal injury, notincluding compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by aperson upon whom the judgment debtor is dependent at the time the payment is received. 21.Payments received as compensation for the wrongful death of a person upon whom the judgmentdebtor was dependent at the time of the wrongful death, to the extent reasonably necessary for thesupport of the judgment debtor and any dependent of the judgment debtor. 22.Payments received as compensation for the loss of future earnings of the judgment debtor or of aperson upon whom the judgment debtor is dependent at the time the payment is received, to the extentreasonably necessary for the support of the judgment debtor and any dependent of the judgmentdebtor. 23.Payments received as restitution for a criminal act. 24.Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt fromexecution. 25.A tax refund received from the earned income credit provided by federal law or a similar state law. 26.Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section. These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support ofa person or a judgment of foreclosure on a mechanic222s lien. You should consult an attorneyimmediately to assist you in determining whether your property or money is exempt fromexecution. If you cannot afford an attorney, you may be eligible for assistance through NevadaLegal Services, 530 S. Sixth Street, Las Vegas, Nevada 702-323-0404. If you do not wish to consult an American LegalNet, Inc. www.FormsWorkFlow.com attorney or receive legal services from an organization that provides assistance to persons who qualify,you may obtain the form to be