Writ Of Attachment {WRTA}

1 WRTA 2 3 4 5 DISTRICT COURT 6 CLARK COUNTY, NEVADA 7 8 ) ) 9 ) ) 10 Plaintiff(s), ) CASE NO. ) 11 -vs- ) DEPT. NO. ) 12 ) ) 13 ) ) 14 Defendant(s). ) ) 15 WRIT OF ATTACHMENT - CIVIL 16 THE STATE OF NEVADA TO THE SHERIFF OF CLARK COUNTY, GREETINGS: 17 YOU ARE HEREBY COMMANDED to attach and safely keep the property of the 18 Defendant(s) in order to satisfy the Plaintiffs demand of $ , 19 exclusive of interest and costs. 20 The property to be attached, which is not exempt from execution and the value of 21 which does not exceed the Plaintiffs demand, is described as follows: 22 23 24 25 If the Defendant(s) shall give you security in lawful money of the United States or 26 by posting a bond or by the undertaking of at least two sufficient sureties in an amount 27 equal to the lesser of the Plaintiffs demand, exclusive of costs, or the value of the 28 property levied upon, then you shall accept such bond or undertaking in lieu of attaching WRTA/February 19, 2003<<<<<<<<<********>>>>>>>>>>>>> 2 1 the aforesaid property. You are required to serve and return this Writ with the results of 2 your levy endorsed thereon, and within 20 days from the day you receive it, return it to 3 the Clerk of the Court with a copy to the party at whose direction it was issued. 4 5 Submitted By: SHIRLEY B. PARRAGUIRRE, CLERK OF COURT 6 (Signature) By: 7 Deputy Clerk Date 8 Clark County Courthouse 200 South Third Street 9 Las Vegas, NV 8915510 11 12 I HEREBY CERTIFY that this is a true and correct copy of the original Writ of Attachment. 13 BILL YOUNG, SHERIFF, CLARK COUNTY14 By: 15 Deputy Date 16 I HEREBY CERTIFY that I have this date served this Writ of Attachment on the 17 day of , 20 by:18 19 9 (a) taking into my possession the following described property to be held in my20 custody until further order of this court: 21 22 23 24 25 26 9 (b) posting a copy of this Writ of Attachment upon the real property set forth27 herein by affixing a copy of this Writ to the improvement thereon or upon the property if28 unimproved and by delivering a copy of this Writ on the day of , - 2 - WRTA/February 19, 2003<<<<<<<<<********>>>>>>>>>>>>> 3 1 20 to the County Recorder to be recorded. 2 3 9 (c) serving on the day of , 20 at 4 .M. oclock a Writ of Garnishment in aid of this Writ of Attachment on 5 at , Clark County, Nevada. A 6 true and correct copy of said Writ of Garnishment is attached hereto. 7 8 9 (d) returning this Writ of Attachment unsatisfied. 9 10 BILL YOUNG, SHERIFF, CLARK COUNTY11 12 By: Deputy Date 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - WRTA/February 19, 2003<<<<<<<<<********>>>>>>>>>>>>> 4 NOTICE OF ATTACHMENT YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHEDPlaintiff, alleges that you owe him money. He has begun the procedure to collect thatmoney. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account and otherpersonal property held by third persons or the taking of 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 apartial list of exemptions: 1. Payments received under the Social Security Act. 2. Payments for benefits or the return of contributions under the public em ployee=s retirement system.3. Payments for public assistance granted through the Welfare Division of t he 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, unle ss: (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. 10. Seventy-five percent of the take home pay for 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 $500,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. 401 et seq.) 12. All money and 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 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 dependant.These exemptions may not apply in certain cases such as proceedings to enforce a judgment for child support 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 an attorney, you may be eligible for assistance through Nevada Legal Services. PROCEDURE FOR CLAIMING EXEMPT PROPERTYIf you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff 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 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 e