(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 83
Senate Bill No. 83–Senator O'Connell
February 6, 2001
____________
Referred to Committee on Judiciary
SUMMARY¾Changes homestead exemption from exemption based on equity to exemption based on acreage. (BDR 10‑4)
FISCAL NOTE: Effect on Local Government: No.
~
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).
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 115 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec. 2. “Agricultural real property” has the meaning ascribed to it
1-4 in NRS 361A.020.
1-5 Sec. 3. “Homestead” means the property consisting of:
1-6 1. A quantity of land, together with the dwelling house thereon and
1-7 its appurtenances;
1-8 2. A mobile home whether or not the underlying land is owned by the
1-9 claimant; or
1-10 3. A unit, whether real or personal property, existing pursuant to
1-11 chapter 116 or 117 of NRS, with any appurtenant limited common
1-12 elements and its interest in the common elements of the common-interest
1-13 community,
1-14 to be selected by the husband and wife, or either of them, or a single
1-15 person claiming the homestead.
1-16 Sec. 4. For the purposes of this chapter, the county assessor of the
1-17 county in which a homestead is wholly or predominantly located has the
1-18 final authority in determining whether real property upon which a
1-19 dwelling and its appurtenances are located is agricultural real property
1-20 that qualifies for agricultural use assessment pursuant to chapter 361A
1-21 of NRS. The determination of the county assessor with respect to the
1-22 matters described in this section is not appealable.
2-1 Sec. 5. NRS 115.005 is hereby amended to read as follows:
2-2 115.005 As used in this chapter, unless the context otherwise
2-3 requires [:
2-4 1. “Equity” means the amount that is determined by subtracting from
2-5 the fair market value of the property, the value of any liens excepted from
2-6 the homestead exemption pursuant to subsection 3 of NRS 115.010.
2-7 2. “Homestead” means the property consisting of:
2-8 (a) A quantity of land, together with the dwelling house thereon and its
2-9 appurtenances;
2-10 (b) A mobile home whether or not the underlying land is owned by the
2-11 claimant; or
2-12 (c) A unit, whether real or personal property, existing pursuant to
2-13 chapter 116 or 117 of NRS, with any appurtenant limited common
2-14 elements and its interest in the common elements of the common-interest
2-15 community,
2-16 to be selected by the husband and wife, or either of them, or a single person
2-17 claiming the homestead.], the words and terms defined in sections 2 and
2-18 3 of this act have the meanings ascribed to them in those sections.
2-19 Sec. 6. NRS 115.010 is hereby amended to read as follows:
2-20 115.010 1. The homestead is not subject to forced sale on execution
2-21 or any final process from any court, except as otherwise provided by
2-22 subsections 2, 3 and 5.
2-23 2. The exemption provided in subsection 1 [extends] :
2-24 (a) Extends only to [that amount of equity in the property held by the
2-25 claimant which does not exceed $125,000 in value,] :
2-26 (1) If the land on which the dwelling and its appurtenances are
2-27 located does not include any agricultural real property that qualifies for
2-28 agricultural use assessment pursuant to chapter 361A of NRS:
2-29 (I) The dwelling;
2-30 (II) The appurtenances of the dwelling; and
2-31 (III) A quantity of appurtenant land not to exceed 1 acre in
2-32 size; or
2-33 (2) If the land on which the dwelling and its appurtenances are
2-34 located includes agricultural real property that qualifies for agricultural
2-35 use assessment pursuant to chapter 361A of NRS:
2-36 (I) The dwelling;
2-37 (II) The appurtenances of the dwelling;
2-38 (III) A quantity of appurtenant land not to exceed 1 acre in size,
2-39 regardless of whether that acre is agricultural real property that qualifies
2-40 for agricultural use assessment pursuant to chapter 361A of NRS; and
2-41 (IV) An additional quantity of appurtenant land which is
2-42 agricultural real property that qualifies for agricultural use assessment
2-43 pursuant to chapter 361A of NRS, but in no event to exceed an additional
2-44 159 acres,
2-45 unless allodial title has been established and not relinquished, in which
2-46 case the exemption provided in subsection 1 extends to [all equity in] the
2-47 dwelling, its appurtenances and [the] any quantity of land on which [it is]
2-48 the dwelling and its appurtenances are located.
3-1 (b) Does not extend to any buildings, structures or other
3-2 improvements other than the dwelling and its appurtenances.
3-3 3. Except as otherwise provided in subsection 4, the exemption
3-4 provided in subsection 1 does not extend to process to enforce the payment
3-5 of obligations contracted for the purchase of the property, or for
3-6 improvements made thereon, including any mechanic’s lien lawfully
3-7 obtained, or for legal taxes, or for:
3-8 (a) Any mortgage or deed of trust thereon executed and given; or
3-9 (b) Any lien to which prior consent has been given through the
3-10 acceptance of property subject to any recorded declaration of restrictions,
3-11 deed restriction, restrictive covenant or equitable servitude, specifically
3-12 including any lien in favor of an association pursuant to NRS 116.3116
3-13 or 117.070,
3-14 by both husband and wife, when that relation exists.
3-15 4. If allodial title has been established and not relinquished, the
3-16 exemption provided in subsection 1 extends to process to enforce the
3-17 payment of obligations contracted for the purchase of the property, and for
3-18 improvements made thereon, including any mechanic’s lien lawfully
3-19 obtained, and for legal taxes levied by a state or local government, and for:
3-20 (a) Any mortgage or deed of trust thereon; and
3-21 (b) Any lien even if prior consent has been given through the
3-22 acceptance of property subject to any recorded declaration of restrictions,
3-23 deed restriction, restrictive covenant or equitable servitude, specifically
3-24 including any lien in favor of an association pursuant to NRS 116.3116
3-25 or 117.070,
3-26 unless a waiver for the specific obligation to which the judgment relates
3-27 has been executed by all allodial titleholders of the property.
3-28 5. Establishment of allodial title does not exempt the property from
3-29 forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to
3-30 207.520, inclusive.
3-31 6. Any declaration of homestead which has been filed before
3-32 October 1, [1995,]2001, shall be deemed to have been amended on that
3-33 date by extending the homestead exemption [commensurate with any
3-34 increase in the amount of equity held by the claimant in the property
3-35 selected and claimed for the exemption up to the amount permitted by law]
3-36 to the fullest extent authorized pursuant to subsection 2 on that date, but
3-37 the [increase] change does not impair the right of any creditor to execute
3-38 upon the property when that right existed before October 1, [1995.]2001.
3-39 Sec. 7. NRS 115.020 is hereby amended to read as follows:
3-40 115.020 1. The selection must be made by either the husband or
3-41 wife, or both of them, or the single person, declaring an intention in writing
3-42 to claim the property as a homestead.
3-43 2. The declaration must state:
3-44 (a) When made by a married person or persons, that they or either of
3-45 them are married, or if not married, that he or she is a householder.
3-46 (b) When made by a married person or persons, that they or either of
3-47 them, as the case may be, are, at the time of making the declaration,
3-48 residing with their family, or with the person or persons under their care
3-49 and maintenance, on the premises, particularly describing the premises.
4-1 (c) When made by any claimant under this section, that it is their or his
4-2 intention to use and claim the property as a homestead.
4-3 (d) Whether the homestead includes agricultural real property that
4-4 qualifies for agricultural use assessment pursuant to chapter 361A of
4-5 NRS and, if so, the quantity of acreage that qualifies for agricultural use
4-6 assessment pursuant to chapter 361A of NRS.
4-7 3. The declaration must be signed by the person or persons making it,
4-8 and acknowledged and recorded as conveyances affecting real property are
4-9 required to be acknowledged and recorded. If the property declared upon as
4-10 a homestead is the separate property of either spouse, both must join in the
4-11 execution and acknowledgment of the declaration.
4-12 4. If a person solicits another person to allow the soliciting person to
4-13 file a declaration of homestead on behalf of the other person and charges or
4-14 accepts a fee or other valuable consideration for recording the declaration
4-15 of homestead for the other person, the soliciting person shall, before the
4-16 declaration is recorded or before the fee or other valuable consideration is
4-17 charged to or accepted from the other person, provide that person with a
4-18 notice written in bold type which states that:
4-19 (a) Except for the fee which may be charged by the county recorder for
4-20 recording a declaration of homestead, a declaration of homestead may be
4-21 recorded in the county in which the property is located without the
4-22 payment of a fee; and
4-23 (b) The person may record the declaration of homestead on his own
4-24 behalf.
4-25 The notice must clearly indicate the amount of the fee which may be
4-26 charged by the county recorder for recording a declaration of homestead.
4-27 5. The rights acquired by declaring a homestead are not extinguished
4-28 by the conveyance of the underlying property in trust for the benefit of the
4-29 person or persons who declared it. A trustee may by similar declaration
4-30 claim property, held by him, as a homestead for the settlor or for one or
4-31 more beneficiaries of the trust, or both, if the person or persons for whom
4-32 the claim is made reside on or in the property.
4-33 6. A person who violates the provisions of subsection 4 is guilty of a
4-34 misdemeanor.
4-35 Sec. 8. NRS 115.050 is hereby amended to read as follows:
4-36 115.050 1. Whenever execution has been issued against the property
4-37 of a party claiming the property as a homestead, and the creditor in the
4-38 judgment makes an oath before the judge of the district court of the county
4-39 in which the property is situated, that the amount of [equity]property held
4-40 by the claimant [in the property] exceeds, to the best of the creditor’s
4-41 information and belief, the [sum of $125,000,]amount allowed pursuant
4-42 to subsection 2 of NRS 115.010, the judge shall, upon notice to the debtor,
4-43 appoint three disinterested and competent persons [as appraisers] to
4-44 estimate and report as to the amount of [equity]property held by the
4-45 claimant ,[in the property,] and if the amount of [equity]property exceeds
4-46 the [sum of $125,000,]amount allowed pursuant to subsection 2 of NRS
4-47 115.010, determine whether the property can be divided so as to leave the
4-48 property subject to the homestead exemption without material injury.
5-1 2. If it appears, upon the report, to the satisfaction of the judge that the
5-2 property can be thus divided, he shall order the excess to be sold under
5-3 execution. If it appears that the property cannot be thus divided, and the
5-4 amount of [equity]property held by the claimant [in the property] exceeds
5-5 the [exemption allowed by this chapter,]amount allowed pursuant to
5-6 subsection 2 of NRS 115.010, he shall order the entire property to be sold,
5-7 and out of the proceeds the [sum of $125,000]following sums to be paid
5-8 [to]:
5-9 (a) To the defendant in execution, that portion of the proceeds
5-10 allocable to the sale of the amount of property allowed pursuant to
5-11 subsection 2 of NRS 115.010; and [the]
5-12 (b) The excess to be applied to the satisfaction on the execution. [No
5-13 bid under $125,000 may be received by the officer making the sale.]
5-14 3. When the execution is against a husband or wife, the judge may
5-15 direct [the $125,000]that portion of the proceeds described in paragraph
5-16 (a) of subsection 2 to be deposited in court, to be paid out only upon the
5-17 joint receipt of the husband and wife, and the deposit possesses all the
5-18 protection against legal process and voluntary disposition by either spouse
5-19 as did the original homestead.
5-20 Sec. 9. NRS 21.075 is hereby amended to read as follows:
5-21 21.075 1. Execution on the writ of execution by levying on the
5-22 property of the judgment debtor may occur only if the sheriff serves the
5-23 judgment debtor with a notice of the writ of execution pursuant to NRS
5-24 21.076 and a copy of the writ. The notice must describe the types of
5-25 property exempt from execution and explain the procedure for claiming
5-26 those exemptions in the manner required in subsection 2. The clerk of the
5-27 court shall attach the notice to the writ of execution at the time the writ is
5-28 issued.
5-29 2. The notice required pursuant to subsection 1 must be substantially in
5-30 the following form:
5-31 NOTICE OF EXECUTION
5-32 YOUR PROPERTY IS BEING ATTACHED OR
5-33 YOUR WAGES ARE BEING GARNISHED
5-34 A court has determined that you owe money to ....................(name
5-35 of person), the judgment creditor. He has begun the procedure to
5-36 collect that money by garnishing your wages, bank account and other
5-37 personal property held by third persons or by taking money or other
5-38 property in your possession.
5-39 Certain benefits and property owned by you may be exempt from
5-40 execution and may not be taken from you. The following is a partial
5-41 list of exemptions:
5-42 1. Payments received under the Social Security Act.
5-43 2. Payments for benefits or the return of contributions under the
5-44 public employees’ retirement system.
5-45 3. Payments for public assistance granted through the welfare
5-46 division of the department of human resources.
6-1 4. Proceeds from a policy of life insurance.
6-2 5. Payments of benefits under a program of industrial insurance.
6-3 6. Payments received as unemployment compensation.
6-4 7. Veteran’s benefits.
6-5 8. A homestead in a dwelling or a mobile home, not to exceed
6-6 [$125,000, unless:
6-7 (a) The judgment is for a medical bill, in which case all of the
6-8 primary dwelling, including a mobile or manufactured home, may be
6-9 exempt.
6-10 (b) Allodial title has been established and not relinquished for the
6-11 dwelling or mobile home, in which case all of the dwelling or mobile
6-12 home and its appurtenances are exempt, including the land on which
6-13 they are located,] the amount allowed pursuant to subsection 2 of
6-14 NRS 115.010, unless a valid waiver executed pursuant to [NRS
6-15 115.010] subsection 4 of that section is applicable to the judgment.
6-16 9. A vehicle, if your equity in the vehicle is less than $4,500.
6-17 10. Seventy-five percent of the take-home pay for any pay period,
6-18 unless the weekly take-home pay is less than 30 times the federal
6-19 minimum wage, in which case the entire amount may be exempt.
6-20 11. Money, not to exceed $500,000 in present value, held for
6-21 retirement pursuant to certain arrangements or plans meeting the
6-22 requirements for qualified arrangements or plans of sections 401 et
6-23 seq. of the Internal Revenue Code ,[(] 26 U.S.C. §§ 401 et seq. [).]
6-24 12. All money and other benefits paid pursuant to the order of a
6-25 court of competent jurisdiction for the support, education and
6-26 maintenance of a child, whether collected by the judgment debtor or
6-27 the state.
6-28 13. All money and other benefits paid pursuant to the order of a
6-29 court of competent jurisdiction for the support and maintenance of a
6-30 former spouse, including the amount of any arrearages in the payment
6-31 of such support and maintenance to which the former spouse may be
6-32 entitled.
6-33 14. A vehicle for use by you or your dependent which is specially
6-34 equipped or modified to provide mobility for a person with a
6-35 permanent disability.
6-36 15. A prosthesis or any equipment prescribed by a physician or
6-37 dentist for you or your dependent.
6-38 These exemptions may not apply in certain cases such as a proceeding
6-39 to enforce a judgment for support of a person or a judgment of
6-40 foreclosure on a mechanic’s lien. You should consult an attorney
6-41 immediately to assist you in determining whether your property or
6-42 money is exempt from execution. If you cannot afford an attorney,
6-43 you may be eligible for assistance through ....................(name of
6-44 organization in county providing legal services to indigent or elderly
6-45 persons).
7-1 PROCEDURE FOR CLAIMING EXEMPT PROPERTY
7-2 If you believe that the money or property taken from you is exempt,
7-3 you must complete and file with the clerk of the court a notarized
7-4 affidavit claiming the exemption. A copy of the affidavit must be
7-5 served upon the sheriff and the judgment creditor within 8 days after
7-6 the notice of execution is mailed. The property must be returned to
7-7 you within 5 days after you file the affidavit unless you or the
7-8 judgment creditor files a motion for a hearing to determine the issue
7-9 of exemption. If this happens, a hearing will be held to determine
7-10 whether the property or money is exempt. The motion for the hearing
7-11 to determine the issue of exemption must be filed within 10 days after
7-12 the affidavit claiming exemption is filed. The hearing to determine
7-13 whether the property or money is exempt must be held within 10 days
7-14 after the motion for the hearing is filed.
7-15 IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME
7-16 SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE
7-17 MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE
7-18 PROPERTY OR MONEY IS EXEMPT.
7-19 Sec. 10. NRS 21.090 is hereby amended to read as follows:
7-20 21.090 1. The following property is exempt from execution, except
7-21 as otherwise specifically provided in this section:
7-22 (a) Private libraries not to exceed $1,500 in value, and all family
7-23 pictures and keepsakes.
7-24 (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as
7-25 that section existed on January 1, 1987, and yard equipment, not to exceed
7-26 $3,000 in value, belonging to the judgment debtor to be selected by him.
7-27 (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and
7-28 seed not to exceed $4,500 in value, belonging to the judgment debtor to be
7-29 selected by him.
7-30 (d) Professional libraries, office equipment, office supplies and the
7-31 tools, instruments and materials used to carry on the trade of the judgment
7-32 debtor for the support of himself and his family not to exceed $4,500 in
7-33 value.
7-34 (e) The cabin or dwelling of a miner or prospector, his cars, implements
7-35 and appliances necessary for carrying on any mining operations and his
7-36 mining claim actually worked by him, not exceeding $4,500 in total value.
7-37 (f) Except as otherwise provided in paragraph (o), one vehicle if the
7-38 judgment debtor’s equity does not exceed $4,500 or the creditor is paid an
7-39 amount equal to any excess above that equity.
7-40 (g) For any pay period, 75 percent of the disposable earnings of a
7-41 judgment debtor during that period, or for each week of the period 30 times
7-42 the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair
7-43 Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), and in effect at the
7-44 time the earnings are payable, whichever is greater. Except as otherwise
7-45 provided in paragraphs (n), (r) and (s), the exemption provided in this
7-46 paragraph does not apply in the case of any order of a court of competent
8-1 jurisdiction for the support of any person, any order of a court of
8-2 bankruptcy or of any debt due for any state or federal tax. As used in this
8-3 paragraph, “disposable earnings” means that part of the earnings of a
8-4 judgment debtor remaining after the deduction from those earnings of any
8-5 amounts required by law, to be withheld.
8-6 (h) All fire engines, hooks and ladders, with the carts, trucks and
8-7 carriages, hose, buckets, implements and apparatus thereunto appertaining,
8-8 and all furniture and uniforms of any fire company or department
8-9 organized under the laws of this state.
8-10 (i) All arms, uniforms and accouterments required by law to be kept by
8-11 any person, and also one gun, to be selected by the debtor.
8-12 (j) All courthouses, jails, public offices and buildings, lots, grounds and
8-13 personal property, the fixtures, furniture, books, papers and appurtenances
8-14 belonging and pertaining to the courthouse, jail and public offices
8-15 belonging to any county of this state, all cemeteries, public squares, parks
8-16 and places, public buildings, town halls, markets, buildings for the use of
8-17 fire departments and military organizations, and the lots and grounds
8-18 thereto belonging and appertaining, owned or held by any town or
8-19 incorporated city, or dedicated by the town or city to health, ornament or
8-20 public use, or for the use of any fire or military company organized under
8-21 the laws of this state and all lots, buildings and other school property
8-22 owned by a school district and devoted to public school purposes.
8-23 (k) All money, benefits, privileges or immunities accruing or in any
8-24 manner growing out of any life insurance, if the annual premium paid does
8-25 not exceed $1,000. If the premium exceeds that amount, a similar
8-26 exemption exists which bears the same proportion to the money, benefits,
8-27 privileges and immunities so accruing or growing out of the insurance that
8-28 the $1,000 bears to the whole annual premium paid.
8-29 (l) The homestead as provided for by law, including a homestead for
8-30 which allodial title has been established and not relinquished and for which
8-31 a waiver executed pursuant to subsection 4 of NRS 115.010 is not
8-32 applicable.
8-33 (m) The dwelling of the judgment debtor occupied as a home for
8-34 himself and family, where the [amount of equity held by the judgment
8-35 debtor in the home does not exceed $125,000 in value and the] dwelling is
8-36 situate upon lands not owned by him.
8-37 (n) All property in this state of the judgment debtor where the judgment
8-38 is in favor of any state for failure to pay that state’s income tax on benefits
8-39 received from a pension or other retirement plan.
8-40 (o) Any vehicle owned by the judgment debtor for use by him or his
8-41 dependent that is equipped or modified to provide mobility for a person
8-42 with a permanent disability.
8-43 (p) Any prosthesis or equipment prescribed by a physician or dentist for
8-44 the judgment debtor or a dependent of the debtor.
8-45 (q) Money, not to exceed $500,000 in present value, held in:
8-46 (1) An individual retirement arrangement which conforms with the
8-47 applicable limitations and requirements of 26 U.S.C. § 408;
8-48 (2) A written simplified employee pension plan which conforms with
8-49 the applicable limitations and requirements of 26 U.S.C. § 408;
9-1 (3) A cash or deferred arrangement which is a qualified plan pursuant
9-2 to the Internal Revenue Code; and
9-3 (4) A trust forming part of a stock bonus, pension or profit-sharing
9-4 plan which is a qualified plan pursuant to sections 401 et seq. of the
9-5 Internal Revenue Code ,[(] 26 U.S.C. §§ 401 et seq. [).]
9-6 (r) All money and other benefits paid pursuant to the order of a court of
9-7 competent jurisdiction for the support, education and maintenance of a
9-8 child, whether collected by the judgment debtor or the state.
9-9 (s) All money and other benefits paid pursuant to the order of a court of
9-10 competent jurisdiction for the support and maintenance of a former spouse,
9-11 including the amount of any arrearages in the payment of such support and
9-12 maintenance to which the former spouse may be entitled.
9-13 2. Except as otherwise provided in NRS 115.010, no article or species
9-14 of property mentioned in this section is exempt from execution issued upon
9-15 a judgment to recover for its price, or upon a judgment of foreclosure of a
9-16 mortgage or other lien thereon.
9-17 3. Any exemptions specified in subsection (d) of section 522 of the
9-18 Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C. § 522(d), do not
9-19 apply to property owned by a resident of this state unless conferred also by
9-20 subsection 1, as limited by subsection 2, of this section.
9-21 Sec. 11. NRS 31.045 is hereby amended to read as follows:
9-22 31.045 1. Execution on the writ of attachment by attaching property
9-23 of the defendant may occur only if:
9-24 (a) The judgment creditor serves the defendant with notice of the
9-25 execution when the notice of the hearing is served pursuant to NRS 31.013;
9-26 or
9-27 (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment
9-28 debtor notice of the execution and a copy of the writ at the same time and
9-29 in the same manner as set forth in NRS 21.076.
9-30 If the attachment occurs pursuant to an ex parte hearing, the clerk of the
9-31 court shall attach the notice to the writ of attachment at the time the writ is
9-32 issued.
9-33 2. The notice required pursuant to subsection 1 must be substantially in
9-34 the following form:
9-35 NOTICE OF EXECUTION
9-36 YOUR PROPERTY IS BEING ATTACHED OR
9-37 YOUR WAGES ARE BEING GARNISHED
9-38 Plaintiff, .................... (name of person), alleges that you owe him
9-39 money. He has begun the procedure to collect that money. To secure
9-40 satisfaction of judgment the court has ordered the garnishment of your
9-41 wages, bank account or other personal property held by third persons
9-42 or the taking of money or other property in your possession.
9-43 Certain benefits and property owned by you may be exempt from
9-44 execution and may not be taken from you. The following is a partial
9-45 list of exemptions:
9-46 1. Payments received under the Social Security Act.
10-1 2. Payments for benefits or the return of contributions under the
10-2 public employees’ retirement system.
10-3 3. Payments for public assistance granted through the welfare
10-4 division of the department of human resources.
10-5 4. Proceeds from a policy of life insurance.
10-6 5. Payments of benefits under a program of industrial insurance.
10-7 6. Payments received as unemployment compensation.
10-8 7. Veteran’s benefits.
10-9 8. A homestead in a dwelling or a mobile home, not to exceed
10-10 [$125,000, unless:
10-11 (a) The judgment is for a medical bill, in which case all of the
10-12 primary dwelling, including a mobile or manufactured home, may be
10-13 exempt.
10-14 (b) Allodial title has been established and not relinquished for the
10-15 dwelling or mobile home, in which case all of the dwelling or mobile
10-16 home and its appurtenances are exempt, including the land on which
10-17 they are located,]the amount allowed pursuant to subsection 2 of
10-18 NRS 115.010, unless a valid waiver executed pursuant to [NRS
10-19 115.010]subsection 4 of that section is applicable to the judgment.
10-20 9. A vehicle, if your equity in the vehicle is less than $4,500.
10-21 10. Seventy-five percent of the take-home pay for any pay period,
10-22 unless the weekly take-home pay is less than 30 times the federal
10-23 minimum wage, in which case the entire amount may be exempt.
10-24 11. Money, not to exceed $500,000 in present value, held for
10-25 retirement pursuant to certain arrangements or plans meeting the
10-26 requirements for qualified arrangements or plans of sections 401 et
10-27 seq. of the Internal Revenue Code ,[(] 26 U.S.C. §§ 401 et seq. [).]
10-28 12. All money and other benefits paid pursuant to the order of a
10-29 court of competent jurisdiction for the support, education and
10-30 maintenance of a child, whether collected by the judgment debtor or
10-31 the state.
10-32 13. All money and other benefits paid pursuant to the order of a
10-33 court of competent jurisdiction for the support and maintenance of a
10-34 former spouse, including the amount of any arrearages in the payment
10-35 of such support and maintenance to which the former spouse may be
10-36 entitled.
10-37 14. A vehicle for use by you or your dependent which is specially
10-38 equipped or modified to provide mobility for a person with a
10-39 permanent disability.
10-40 15. A prosthesis or any equipment prescribed by a physician or
10-41 dentist for you or your dependent.
10-42 These exemptions may not apply in certain cases such as proceedings
10-43 to enforce a judgment for support of a child or a judgment of
10-44 foreclosure on a mechanic’s lien. You should consult an attorney
10-45 immediately to assist you in determining whether your property or
10-46 money is exempt from execution. If you cannot afford an attorney,
10-47 you may be eligible for assistance through .................... (name of
10-48 organization in county providing legal services to the indigent or
10-49 elderly persons).
11-1 PROCEDURE FOR CLAIMING EXEMPT PROPERTY
11-2 If you believe that the money or property taken from you is exempt
11-3 or necessary for the support of you or your family, you must file with
11-4 the clerk of the court on a form provided by the clerk a notarized
11-5 affidavit claiming the exemption. A copy of the affidavit must be
11-6 served upon the sheriff and the judgment creditor within 8 days after
11-7 the notice of execution is mailed. The property must be returned to
11-8 you within 5 days after you file the affidavit unless the judgment
11-9 creditor files a motion for a hearing to determine the issue of
11-10 exemption. If this happens, a hearing will be held to determine
11-11 whether the property or money is exempt. The hearing must be held
11-12 within 10 days after the motion for a hearing is filed.
11-13 IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME
11-14 SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE
11-15 MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE
11-16 PROPERTY OR MONEY IS EXEMPT.
11-17 If you received this notice with a notice of a hearing for attachment
11-18 and you believe that the money or property which would be taken
11-19 from you by a writ of attachment is exempt or necessary for the
11-20 support of you or your family, you are entitled to describe to the court
11-21 at the hearing why you believe your property is exempt. You may also
11-22 file a motion with the court for a discharge of the writ of attachment.
11-23 You may make that motion any time before trial. A hearing will be
11-24 held on that motion.
11-25 IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL,
11-26 YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN
11-27 TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS
11-28 EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR
11-29 YOUR FAMILY.
11-30 H