NRS 31.045
Notice of execution on writ of attachment: Service required
- form
- contents.
1.
Execution on the writ of attachment by attaching property of the defendant may occur only if:(a)
The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or(b)
Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.2.
The notice required pursuant to subsection 1 must be substantially in the following form:1.
Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.2.
Payments for benefits or the return of contributions under the Public Employees’ Retirement System.3.
Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department 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.
Veteran’s benefits.9.
A homestead in a dwelling or a mobile home, including, subject to the provisions of NRS 115.055, the proceeds from the sale of such property, not to exceed $605,000, unless:(a)
The judgment is for a medical bill, in which case all of 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.10.
All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement 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 the date the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.13.
Money, not to exceed $500,000 in present value, held in:(a)
An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;(b)
A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 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 plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and(e)
A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.14.
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.15.
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.16.
Regardless of whether a trust contains a spendthrift provision:(a)
A present or future interest in the income or principal of a trust that is a contingent interest, if the interest has not been satisfied or removed;(b)
A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;(c)
The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;(d)
Certain powers held by a trust protector or certain other persons; and(e)
Any power held by the person who created the trust.17.
If a trust contains a spendthrift provision:(a)
A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and(b)
A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.18.
A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility 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, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person 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 judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support 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 a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.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 from execution.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.
Source:
Section 31.045 — Notice of execution on writ of attachment: Service required; form; contents., https://www.leg.state.nv.us/NRS/NRS-031.html#NRS031Sec045.