EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 21.075 is hereby amended to read as follows:

1-2 21.075 1. Execution on the writ of execution by levying on the

1-16 ....................(name of person), the judgment creditor. He has begun

2-1 the procedure to collect that money by garnishing your wages, bank

2-2 account and other personal property held by third persons or by taking

2-3 money or other property in your possession.

2-4 Certain benefits and property owned by you may be exempt from

2-5 execution and may not be taken from you. The following is a partial

2-6 list of exemptions:

2-7 1. Payments received under the Social Security Act.

2-8 2. Payments for benefits or the return of contributions under the

2-9 public employees’ retirement system.

2-10 3. Payments for public assistance granted through the welfare

2-11 division of the department of human resources.

2-12 4. Proceeds from a policy of life insurance.

2-13 5. Payments of benefits under a program of industrial insurance.

2-14 6. Payments received as unemployment compensation.

2-15 7. Veteran’s benefits.

2-16 8. A homestead in a dwelling or a mobile home, not to exceed

2-17 $125,000, unless:

2-18 (a) The judgment is for a medical bill, in which case all of the

2-19 primary dwelling, including a mobile or manufactured home, may be

2-20 exempt.

2-21 (b) Allodial title has been established and not relinquished for the

2-22 dwelling or mobile home, in which case all of the dwelling or mobile

2-23 home and its appurtenances are exempt, including the land on which

2-24 they are located, unless a valid waiver executed pursuant to NRS

2-25 115.010 is applicable to the judgment.

2-26 9. A vehicle, if your equity in the vehicle is less than $4,500.

2-27 10. Seventy-five percent of the take-home pay for any pay period,

2-28 unless the weekly take-home pay is less than 30 times the federal

2-29 minimum wage, in which case the entire amount may be exempt.

2-30 11. Money, not to exceed $500,000 in present value, held for

2-31 retirement pursuant to certain arrangements or plans meeting the

2-32 requirements for qualified arrangements or plans of sections 401 et

2-33 seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).]

2-34 12. Money, not to exceed $500,000 in present value, held in an

2-35 annuity, account in a bank, brokerage, credit union or other similar

2-36 establishment, or any combination thereof, if you are:

2-37 (a) Sixty-five years of age or older;

2-38 (b) Unable to live independently; and

2-39 (c) Living in a hospital or facility for long-term care upon the

2-40 written advice of a physician or of a person who develops plans and

2-41 coordinates available resources to assist elderly persons with their

2-42 long-term care services.

3-1 13. All money and other benefits paid pursuant to the order of a

3-2 court of competent jurisdiction for the support, education and

3-3 maintenance of a child, whether collected by [the judgment debtor]

3-4 you or the [state.

3-5 13.] State of Nevada.

3-6 14. All money and other benefits paid pursuant to the order of a

3-7 court of competent jurisdiction for the support and maintenance of a

3-8 former spouse, including the amount of any arrearages in the payment

3-9 of such support and maintenance to which the former spouse may be

3-10 entitled.

3-11 [14.] 15. A vehicle for use by you or your dependent which is

3-12 specially equipped or modified to provide mobility for a person with a

3-13 permanent disability.

3-14 [15.] 16. A prosthesis or any equipment prescribed by a physician

3-15 or dentist for you or your dependent.

3-16 These exemptions may not apply in certain cases such as a proceeding

3-17 to enforce a judgment for support of a person or a judgment of

3-18 foreclosure on a mechanic’s lien. You should consult an attorney

3-19 immediately to assist you in determining whether your property or

3-20 money is exempt from execution. If you cannot afford an attorney,

3-21 you may be eligible for assistance through ....................(name of

3-22 organization in county providing legal services to indigent or elderly

3-23 persons).

3-24 PROCEDURE FOR CLAIMING EXEMPT PROPERTY

3-25 If you believe that the money or property taken from you is

3-26 exempt, you must complete and file with the clerk of the court a

3-27 notarized affidavit claiming the exemption. A copy of the affidavit

3-28 must be served upon the sheriff and the judgment creditor within 8

3-29 days after the notice of execution is mailed. The property must be

3-30 returned to you within 5 days after you file the affidavit unless you or

3-31 the judgment creditor files a motion for a hearing to determine the

3-32 issue of exemption. If this happens, a hearing will be held to

3-33 determine whether the property or money is exempt. The motion for

3-34 the hearing to determine the issue of exemption must be filed within

3-35 10 days after the affidavit claiming exemption is filed. The hearing to

3-36 determine whether the property or money is exempt must be held

3-37 within 10 days after the motion for the hearing is filed.

4-1 IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME

4-2 SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE

4-3 MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE

4-4 PROPERTY OR MONEY IS EXEMPT.

4-5 Sec. 2. NRS 21.090 is hereby amended to read as follows:

4-6 21.090 1. The following property is exempt from execution, except

4-43 any person, and also one gun, to be selected by the debtor.

5-1 (j) All courthouses, jails, public offices and buildings, lots, grounds and

5-2 personal property, the fixtures, furniture, books, papers and appurtenances

5-3 belonging and pertaining to the courthouse, jail and public offices

5-4 belonging to any county of this state, all cemeteries, public squares, parks

5-5 and places, public buildings, town halls, markets, buildings for the use of

5-6 fire departments and military organizations, and the lots and grounds

5-7 thereto belonging and appertaining, owned or held by any town or

5-8 incorporated city, or dedicated by the town or city to health, ornament or

5-9 public use, or for the use of any fire or military company organized under

5-10 the laws of this state and all lots, buildings and other school property

5-11 owned by a school district and devoted to public school purposes.

5-12 (k) All money, benefits, privileges or immunities accruing or in any

5-13 manner growing out of any life insurance, if the annual premium paid does

5-14 not exceed $1,000. If the premium exceeds that amount, a similar

5-15 exemption exists which bears the same proportion to the money, benefits,

5-16 privileges and immunities so accruing or growing out of the insurance that

5-17 the $1,000 bears to the whole annual premium paid.

5-18 (l) The homestead as provided for by law, including a homestead for

5-19 which allodial title has been established and not relinquished and for which

5-20 a waiver executed pursuant to NRS 115.010 is not applicable.

5-21 (m) The dwelling of the judgment debtor occupied as a home for

5-22 himself and family, where the amount of equity held by the judgment

5-23 debtor in the home does not exceed $125,000 in value and the dwelling is

5-24 situate upon lands not owned by him.

5-25 (n) All property in this state of the judgment debtor where the judgment

5-26 is in favor of any state for failure to pay that state’s income tax on benefits

5-27 received from a pension or other retirement plan.

5-28 (o) Any vehicle owned by the judgment debtor for use by him or his

5-29 dependent that is equipped or modified to provide mobility for a person

5-30 with a permanent disability.

5-31 (p) Any prosthesis or equipment prescribed by a physician or dentist for

5-32 the judgment debtor or a dependent of the debtor.

5-33 (q) Money, not to exceed $500,000 in present value, held in:

5-34 (1) An individual retirement arrangement which conforms with the

5-35 applicable limitations and requirements of 26 U.S.C. § 408;

5-36 (2) A written simplified employee pension plan which conforms with

5-37 the applicable limitations and requirements of 26 U.S.C. § 408;

5-38 (3) A cash or deferred arrangement which is a qualified plan pursuant

5-39 to the Internal Revenue Code; [and]

5-40 (4) A trust forming part of a stock bonus, pension or profit-sharing

5-41 plan which is a qualified plan pursuant to sections 401 et seq. of the

5-42 Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).] ; and

6-1 (5) An annuity, an account in a bank, brokerage, credit union or

6-2 other similar establishment, or any combination thereof, if the judgment

6-3 debtor is:

6-4 (I) Sixty-five years of age or older;

6-5 (II) Unable to live independently; and

6-6 (III) Living in a hospital or facility for long-term care upon the

6-7 written advice of a physician or of a person who develops plans and

6-8 coordinates available resources to assist elderly persons with their long-

6-9 term care services.

6-10 (r) All money and other benefits paid pursuant to the order of a court of

6-11 competent jurisdiction for the support, education and maintenance of a

6-12 child, whether collected by the judgment debtor or the [state.] State of

6-13 Nevada.

6-14 (s) All money and other benefits paid pursuant to the order of a court of

6-15 competent jurisdiction for the support and maintenance of a former spouse,

6-16 including the amount of any arrearages in the payment of such support and

6-17 maintenance to which the former spouse may be entitled.

6-18 2. Except as otherwise provided in NRS 115.010, no article or species

6-19 of property mentioned in this section is exempt from execution issued

6-20 upon a judgment to recover for its price, or upon a judgment of foreclosure

6-21 of a mortgage or other lien thereon.

6-22 3. Any exemptions specified in subsection (d) of section 522 of the

6-23 Bankruptcy Act of 1978 , [(] 92 Stat. 2586 , [)] do not apply to property

6-24 owned by a resident of this state unless conferred also by subsection 1, as

6-25 limited by subsection 2, of this section.

6-26 4. As used in this section:

6-27 (a) "Disposable earnings" means that part of the earnings of a

6-28 judgment debtor remaining after the deduction from those earnings of

6-29 any amounts required by law, to be withheld.

6-30 (b) "Facility for long-term care" has the meaning ascribed to it in

6-31 NRS 427A.028.

6-32 Sec. 3. NRS 31.045 is hereby amended to read as follows:

6-33 31.045 1. Execution on the writ of attachment by attaching property

6-43 issued.

7-1 2. The notice required pursuant to subsection 1 must be substantially

7-2 in the following form:

7-3 NOTICE OF EXECUTION

7-4 YOUR PROPERTY IS BEING ATTACHED OR
7-5 YOUR WAGES ARE BEING GARNISHED

7-6 Plaintiff, .................... (name of person), alleges that you owe him

7-7 money. He has begun the procedure to collect that money. To secure

7-8 satisfaction of judgment the court has ordered the garnishment of your

7-9 wages, bank account or other personal property held by third persons

7-10 or the taking of money or other property in your possession.

7-11 Certain benefits and property owned by you may be exempt from

7-12 execution and may not be taken from you. The following is a partial

7-13 list of exemptions:

7-14 1. Payments received under the Social Security Act.

7-15 2. Payments for benefits or the return of contributions under the

7-16 public employees’ retirement system.

7-17 3. Payments for public assistance granted through the welfare

7-18 division of the department of human resources.

7-19 4. Proceeds from a policy of life insurance.

7-20 5. Payments of benefits under a program of industrial insurance.

7-21 6. Payments received as unemployment compensation.

7-22 7. Veteran’s benefits.

7-23 8. A homestead in a dwelling or a mobile home, not to exceed

7-24 $125,000, unless:

7-25 (a) The judgment is for a medical bill, in which case all of the

7-26 primary dwelling, including a mobile or manufactured home, may be

7-27 exempt.

7-28 (b) Allodial title has been established and not relinquished for the

7-29 dwelling or mobile home, in which case all of the dwelling or mobile

7-30 home and its appurtenances are exempt, including the land on which

7-31 they are located, unless a valid waiver executed pursuant to NRS

7-32 115.010 is applicable to the judgment.

7-33 9. A vehicle, if your equity in the vehicle is less than $4,500.

7-34 10. Seventy-five percent of the take-home pay for any pay period,

7-35 unless the weekly take-home pay is less than 30 times the federal

7-36 minimum wage, in which case the entire amount may be exempt.

7-37 11. Money, not to exceed $500,000 in present value, held for

7-38 retirement pursuant to certain arrangements or plans meeting the

7-39 requirements for qualified arrangements or plans of sections 401 et

7-40 seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).]

8-1 12. Money, not to exceed $500,000 in present value, held in an

8-2 annuity, account in a bank, brokerage, credit union or other similar

8-3 establishment, or any combination thereof, if you are:

8-4 (a) Sixty-five years of age or older;

8-5 (b) Unable to live independently; and

8-6 (c) Living in a hospital or facility for long-term care upon the

8-7 written advice of a physician or of a person who develops plans and

8-8 coordinates available resources to assist elderly persons with their

8-9 long-term care services.

8-10 13. All money and other benefits paid pursuant to the order of a

8-11 court of competent jurisdiction for the support, education and

8-12 maintenance of a child, whether collected by [the judgment debtor]

8-13 you or the [state.

8-14 13.] State of Nevada.

8-15 14. All money and other benefits paid pursuant to the order of a

8-16 court of competent jurisdiction for the support and maintenance of a

8-17 former spouse, including the amount of any arrearages in the payment

8-18 of such support and maintenance to which the former spouse may be

8-19 entitled.

8-20 [14.] 15. A vehicle for use by you or your dependent which is

8-21 specially equipped or modified to provide mobility for a person with a

8-22 permanent disability.

8-23 [15.] 16. A prosthesis or any equipment prescribed by a physician

8-24 or dentist for you or your dependent.

8-25 These exemptions may not apply in certain cases such as proceedings

8-26 to enforce a judgment for support of a child or a judgment of

8-27 foreclosure on a mechanic’s lien. You should consult an attorney

8-28 immediately to assist you in determining whether your property or

8-29 money is exempt from execution. If you cannot afford an attorney,

8-30 you may be eligible for assistance through .................... (name of

8-31 organization in county providing legal services to the indigent or

8-32 elderly persons).

8-33 PROCEDURE FOR CLAIMING EXEMPT PROPERTY

8-34 If you believe that the money or property taken from you is exempt

8-35 or necessary for the support of you or your family, you must file with

8-36 the clerk of the court on a form provided by the clerk a notarized

8-37 affidavit claiming the exemption. A copy of the affidavit must be

8-38 served upon the sheriff and the judgment creditor within 8 days after

8-39 the notice of execution is mailed. The property must be returned to

8-40 you within 5 days after you file the affidavit unless the judgment

8-41 creditor files a motion for a hearing to determine the issue of

9-1 exemption. If this happens, a hearing will be held to determine

9-2 whether the property or money is exempt. The hearing must be held

9-3 within 10 days after the motion for a hearing is filed.

9-4 IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME

9-5 SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE

9-6 MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE

9-7 PROPERTY OR MONEY IS EXEMPT.

9-8 If you received this notice with a notice of a hearing for attachment

9-9 and you believe that the money or property which would be taken

9-10 from you by a writ of attachment is exempt or necessary for the

9-11 support of you or your family, you are entitled to describe to the court

9-12 at the hearing why you believe your property is exempt. You may

9-13 also file a motion with the court for a discharge of the writ of

9-14 attachment. You may make that motion any time before trial. A

9-15 hearing will be held on that motion.

9-16 IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL,

9-17 YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN

9-18 TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS

9-19 EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR

9-20 YOUR FAMILY.