Senate Bill No. 70–Senator O’Connell

 

February 7, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning property exempt from execution. (BDR 10‑15)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; making various other changes concerning benefits and property which are exempt from execution; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 115.010 is hereby amended to read as follows:

1-2  115.010  1.  The homestead is not subject to forced sale on

1-3  execution or any final process from any court, except as otherwise

1-4  provided by subsections 2, 3 and 5.

1-5  2.  The exemption provided in subsection 1 extends only to that

1-6  amount of equity in the property held by the claimant which does

1-7  not exceed [$125,000] $200,000 in value, unless allodial title has

1-8  been established and not relinquished, in which case the exemption

1-9  provided in subsection 1 extends to all equity in the dwelling, its

1-10  appurtenances and the land on which it is located.

1-11      3.  Except as otherwise provided in subsection 4, the exemption

1-12  provided in subsection 1 does not extend to process to enforce the

1-13  payment of obligations contracted for the purchase of the property,

1-14  or for improvements made thereon, including any mechanic’s lien

1-15  lawfully obtained, or for legal taxes, or for:

 

2-1  (a) Any mortgage or deed of trust thereon executed and given;

2-2  or

2-3  (b) Any lien to which prior consent has been given through the

2-4  acceptance of property subject to any recorded declaration of

2-5  restrictions, deed restriction, restrictive covenant or equitable

2-6  servitude, specifically including any lien in favor of an association

2-7  pursuant to NRS 116.3116 or 117.070,

2-8  by both husband and wife, when that relation exists.

2-9  4.  If allodial title has been established and not relinquished, the

2-10  exemption provided in subsection 1 extends to process to enforce

2-11  the payment of obligations contracted for the purchase of the

2-12  property, and for improvements made thereon, including any

2-13  mechanic’s lien lawfully obtained, and for legal taxes levied by a

2-14  state or local government, and for:

2-15      (a) Any mortgage or deed of trust thereon; and

2-16      (b) Any lien even if prior consent has been given through the

2-17  acceptance of property subject to any recorded declaration of

2-18  restrictions, deed restriction, restrictive covenant or equitable

2-19  servitude, specifically including any lien in favor of an association

2-20  pursuant to NRS 116.3116 or 117.070,

2-21  unless a waiver for the specific obligation to which the judgment

2-22  relates has been executed by all allodial titleholders of the property.

2-23      5.  Establishment of allodial title does not exempt the property

2-24  from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or

2-25  207.350 to 207.520, inclusive.

2-26      6.  Any declaration of homestead which has been filed before

2-27  October 1, [1995,] 2003, shall be deemed to have been amended on

2-28  that date by extending the homestead exemption commensurate with

2-29  any increase in the amount of equity held by the claimant in the

2-30  property selected and claimed for the exemption up to the amount

2-31  permitted by law on that date, but the increase does not impair the

2-32  right of any creditor to execute upon the property when that right

2-33  existed before October 1, [1995.] 2003.

2-34      Sec. 2.  NRS 115.050 is hereby amended to read as follows:

2-35      115.050  1.  Whenever execution has been issued against the

2-36  property of a party claiming the property as a homestead, and the

2-37  creditor in the judgment makes an oath before the judge of

2-38  the district court of the county in which the property is situated, that

2-39  the amount of equity held by the claimant in the property exceeds, to

2-40  the best of the creditor’s information and belief, the sum of

2-41  [$125,000,] $200,000, the judge shall, upon notice to the debtor,

2-42  appoint three disinterested and competent persons as appraisers to

2-43  estimate and report as to the amount of equity held by the claimant

2-44  in the property, and if the amount of equity exceeds the sum of

2-45  [$125,000,] $200,000, determine whether the property can be

3-1  divided so as to leave the property subject to the homestead

3-2  exemption without material injury.

3-3  2.  If it appears, upon the report, to the satisfaction of the judge

3-4  that the property can be thus divided, he shall order the excess to be

3-5  sold under execution. If it appears that the property cannot be thus

3-6  divided, and the amount of equity held by the claimant in the

3-7  property exceeds the exemption allowed by this chapter, he shall

3-8  order the entire property to be sold, and out of the proceeds the sum

3-9  of [$125,000] $200,000 to be paid to the defendant in execution, and

3-10  the excess to be applied to the satisfaction on the execution. No bid

3-11  under [$125,000] $200,000 may be received by the officer making

3-12  the sale.

3-13      3.  When the execution is against a husband or wife, the judge

3-14  may direct the [$125,000] $200,000 to be deposited in court, to be

3-15  paid out only upon the joint receipt of the husband and wife, and the

3-16  deposit possesses all the protection against legal process and

3-17  voluntary disposition by either spouse as did the original homestead.

3-18      Sec. 3.  NRS 21.075 is hereby amended to read as follows:

3-19      21.075  1.  Execution on the writ of execution by levying on

3-20  the property of the judgment debtor may occur only if the sheriff

3-21  serves the judgment debtor with a notice of the writ of execution

3-22  pursuant to NRS 21.076 and a copy of the writ. The notice must

3-23  describe the types of property exempt from execution and explain

3-24  the procedure for claiming those exemptions in the manner required

3-25  in subsection 2. The clerk of the court shall attach the notice to the

3-26  writ of execution at the time the writ is issued.

3-27      2.  The notice required pursuant to subsection 1 must be

3-28  substantially in the following form:

 

3-29  NOTICE OF EXECUTION

 

3-30  YOUR PROPERTY IS BEING ATTACHED OR

3-31  YOUR WAGES ARE BEING GARNISHED

 

3-32      A court has determined that you owe money

3-33  to ....................(name of person), the judgment creditor. He

3-34  has begun the procedure to collect that money by garnishing

3-35  your wages, bank account and other personal property held by

3-36  third persons or by taking money or other property in your

3-37  possession.

3-38      Certain benefits and property owned by you may be

3-39  exempt from execution and may not be taken from you. The

3-40  following is a partial list of exemptions:

3-41      1.  Payments received under the Social Security Act.

4-1  2.  Payments for benefits or the return of contributions

4-2  under the Public Employees’ Retirement System.

4-3  3.  Payments for public assistance granted through the

4-4  Welfare Division of the Department of Human Resources [.]

4-5  or a local governmental entity.

4-6  4.  Proceeds from a policy of life insurance.

4-7  5.  Payments of benefits under a program of industrial

4-8  insurance.

4-9  6.  Payments received as disability, illness or

4-10  unemployment benefits.

4-11      7.  Payments received as unemployment compensation.

4-12      [7.] 8. Veteran’s benefits.

4-13      [8.] 9. A homestead in a dwelling or a mobile home, not

4-14  to exceed [$125,000,] $200,000, unless:

4-15      (a) The judgment is for a medical bill, in which case all of

4-16  the primary dwelling, including a mobile or manufactured

4-17  home, may be exempt.

4-18      (b) Allodial title has been established and not relinquished

4-19  for the dwelling or mobile home, in which case all of the

4-20  dwelling or mobile home and its appurtenances are exempt,

4-21  including the land on which they are located, unless a valid

4-22  waiver executed pursuant to NRS 115.010 is applicable to the

4-23  judgment.

4-24      [9.] 10. A vehicle, if your equity in the vehicle is less

4-25  than [$4,500.

4-26      10.] $15,000.

4-27      11. Seventy-five percent of the take-home pay for any

4-28  pay period, unless the weekly take-home pay is less than 30

4-29  times the federal minimum wage, in which case the entire

4-30  amount may be exempt.

4-31      [11.] 12. Money, not to exceed $500,000 in present

4-32  value, held for retirement pursuant to certain arrangements or

4-33  plans meeting the requirements for qualified arrangements or

4-34  plans of sections 401 et seq. of the Internal Revenue Code ,

4-35  [(]26 U.S.C. §§ 401 et seq.[).

4-36      12.] 13. All money and other benefits paid pursuant to

4-37  the order of a court of competent jurisdiction for the support,

4-38  education and maintenance of a child, whether collected by

4-39  the judgment debtor or the State.

4-40      [13.] 14. All money and other benefits paid pursuant to

4-41  the order of a court of competent jurisdiction for the support

4-42  and maintenance of a former spouse, including the amount of

4-43  any arrearages in the payment of such support and

4-44  maintenance to which the former spouse may be entitled.

5-1  [14.] 15. A vehicle for use by you or your dependent

5-2  which is specially equipped or modified to provide mobility

5-3  for a person with a permanent disability.

5-4  [15.] 16. A prosthesis or any equipment prescribed by a

5-5  physician or dentist for you or your dependent.

5-6  17.  Payments, in an amount not to exceed $16,150,

5-7  received as compensation for personal injury, not including

5-8  compensation for pain and suffering or actual pecuniary

5-9  loss, by the judgment debtor or by a person upon whom the

5-10  judgment debtor is dependent at the time the payment is

5-11  received.

5-12      18.  Payments received as compensation for the

5-13  wrongful death of a person upon whom the judgment debtor

5-14  was dependent at the time of the wrongful death, to the

5-15  extent reasonably necessary for the support of the judgment

5-16  debtor and any dependent of the judgment debtor.

5-17      19.  Payments received as compensation for the loss of

5-18  future earnings of the judgment debtor or of a person upon

5-19  whom the judgment debtor is dependent at the time the

5-20  payment is received, to the extent reasonably necessary for

5-21  the support of the judgment debtor and any dependent of the

5-22  judgment debtor.

5-23      20.  Payments received as restitution for a

5-24  criminal act.

5-25  These exemptions may not apply in certain cases such as a

5-26  proceeding to enforce a judgment for support of a person or a

5-27  judgment of foreclosure on a mechanic’s lien. You should

5-28  consult an attorney immediately to assist you in determining

5-29  whether your property or money is exempt from execution. If

5-30  you cannot afford an attorney, you may be eligible for

5-31  assistance through ....................(name of organization in

5-32  county providing legal services to indigent or elderly

5-33  persons).

 

5-34  PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

5-35      If you believe that the money or property taken from you

5-36  is exempt, you must complete and file with the clerk of the

5-37  court a notarized affidavit claiming the exemption. A copy of

5-38  the affidavit must be served upon the sheriff and the judgment

5-39  creditor within 8 days after the notice of execution is mailed.

5-40  The property must be returned to you within 5 days after you

5-41  file the affidavit unless you or the judgment creditor files a

5-42  motion for a hearing to determine the issue of exemption. If

5-43  this happens, a hearing will be held to determine whether the

6-1  property or money is exempt. The motion for the hearing to

6-2  determine the issue of exemption must be filed within 10 days

6-3  after the affidavit claiming exemption is filed. The hearing to

6-4  determine whether the property or money is exempt must be

6-5  held within 10 days after the motion for the hearing is filed.

 

6-6  IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE

6-7  TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD

6-8  AND THE MONEY GIVEN TO THE JUDGMENT

6-9  CREDITOR, EVEN IF THE PROPERTY OR MONEY IS

6-10  EXEMPT.

 

6-11      Sec. 4.  NRS 21.090 is hereby amended to read as follows:

6-12      21.090  1.  The following property is exempt from execution,

6-13  except as otherwise specifically provided in this section:

6-14      (a) Private libraries not to exceed $1,500 in value, and all family

6-15  pictures and keepsakes.

6-16      (b) Necessary household goods, as defined in 16 C.F.R. §

6-17  444.1(i) as that section existed on January 1, 1987, and yard

6-18  equipment, not to exceed [$3,000] $10,000 in value, belonging to

6-19  the judgment debtor to be selected by him.

6-20      (c) Farm trucks, farm stock, farm tools, farm equipment,

6-21  supplies and seed not to exceed $4,500 in value, belonging to the

6-22  judgment debtor to be selected by him.

6-23      (d) Professional libraries, office equipment, office supplies and

6-24  the tools, instruments and materials used to carry on the trade of the

6-25  judgment debtor for the support of himself and his family not to

6-26  exceed $4,500 in value.

6-27      (e) The cabin or dwelling of a miner or prospector, his cars,

6-28  implements and appliances necessary for carrying on any mining

6-29  operations and his mining claim actually worked by him, not

6-30  exceeding $4,500 in total value.

6-31      (f) Except as otherwise provided in paragraph (o), one vehicle if

6-32  the judgment debtor’s equity does not exceed [$4,500] $15,000 or

6-33  the creditor is paid an amount equal to any excess above that equity.

6-34      (g) For any pay period, 75 percent of the disposable earnings of

6-35  a judgment debtor during that period, or for each week of the period

6-36  30 times the minimum hourly wage prescribed by section 6(a)(1) of

6-37  the federal Fair Labor Standards Act of 1938 , 29 U.S.C. §

6-38  206(a)(1), and in effect at the time the earnings are payable,

6-39  whichever is greater. Except as otherwise provided in paragraphs

6-40  (n), (r) and (s), the exemption provided in this paragraph does not

6-41  apply in the case of any order of a court of competent jurisdiction

6-42  for the support of any person, any order of a court of bankruptcy or

6-43  of any debt due for any state or federal tax. As used in this

7-1  paragraph, “disposable earnings” means that part of the earnings of

7-2  a judgment debtor remaining after the deduction from those earnings

7-3  of any amounts required by law, to be withheld.

7-4  (h) All fire engines, hooks and ladders, with the carts, trucks and

7-5  carriages, hose, buckets, implements and apparatus thereunto

7-6  appertaining, and all furniture and uniforms of any fire company or

7-7  department organized under the laws of this state.

7-8  (i) All arms, uniforms and accouterments required by law to be

7-9  kept by any person, and also one gun, to be selected by the debtor.

7-10      (j) All courthouses, jails, public offices and buildings, lots,

7-11  grounds and personal property, the fixtures, furniture, books, papers

7-12  and appurtenances belonging and pertaining to the courthouse, jail

7-13  and public offices belonging to any county of this state, all

7-14  cemeteries, public squares, parks and places, public buildings, town

7-15  halls, markets, buildings for the use of fire departments and military

7-16  organizations, and the lots and grounds thereto belonging and

7-17  appertaining, owned or held by any town or incorporated city, or

7-18  dedicated by the town or city to health, ornament or public use, or

7-19  for the use of any fire or military company organized under the laws

7-20  of this state and all lots, buildings and other school property owned

7-21  by a school district and devoted to public school purposes.

7-22      (k) All money, benefits, privileges or immunities accruing or in

7-23  any manner growing out of any life insurance, if the annual

7-24  premium paid does not exceed $1,000. If the premium exceeds that

7-25  amount, a similar exemption exists which bears the same proportion

7-26  to the money, benefits, privileges and immunities so accruing or

7-27  growing out of the insurance that the $1,000 bears to the whole

7-28  annual premium paid.

7-29      (l) The homestead as provided for by law, including a

7-30  homestead for which allodial title has been established and not

7-31  relinquished and for which a waiver executed pursuant to NRS

7-32  115.010 is not applicable.

7-33      (m) The dwelling of the judgment debtor occupied as a home for

7-34  himself and family, where the amount of equity held by the

7-35  judgment debtor in the home does not exceed [$125,000] $200,000

7-36  in value and the dwelling is [situate] situated upon lands not owned

7-37  by him.

7-38      (n) All property in this state of the judgment debtor where the

7-39  judgment is in favor of any state for failure to pay that state’s

7-40  income tax on benefits received from a pension or other retirement

7-41  plan.

7-42      (o) Any vehicle owned by the judgment debtor for use by him or

7-43  his dependent that is equipped or modified to provide mobility for a

7-44  person with a permanent disability.

8-1  (p) Any prosthesis or equipment prescribed by a physician or

8-2  dentist for the judgment debtor or a dependent of the debtor.

8-3  (q) Money, not to exceed $500,000 in present value, held in:

8-4       (1) An individual retirement arrangement which conforms

8-5  with the applicable limitations and requirements of 26 U.S.C. § 408;

8-6       (2) A written simplified employee pension plan which

8-7  conforms with the applicable limitations and requirements of 26

8-8  U.S.C. § 408;

8-9       (3) A cash or deferred arrangement which is a qualified plan

8-10  pursuant to the Internal Revenue Code; and

8-11          (4) A trust forming part of a stock bonus, pension or profit-

8-12  sharing plan which is a qualified plan pursuant to sections 401 et

8-13  seq. of the Internal Revenue Code , [(]26 U.S.C. §§ 401 et seq.[).]

8-14      (r) All money and other benefits paid pursuant to the order of a

8-15  court of competent jurisdiction for the support, education and

8-16  maintenance of a child, whether collected by the judgment debtor or

8-17  the State.

8-18      (s) All money and other benefits paid pursuant to the order of a

8-19  court of competent jurisdiction for the support and maintenance of a

8-20  former spouse, including the amount of any arrearages in the

8-21  payment of such support and maintenance to which the former

8-22  spouse may be entitled.

8-23      (t) Payments, in an amount not to exceed $16,150, received as

8-24  compensation for personal injury, not including compensation for

8-25  pain and suffering or actual pecuniary loss, by the judgment

8-26  debtor or by a person upon whom the judgment debtor is

8-27  dependent at the time the payment is received.

8-28      (u) Payments received as compensation for the wrongful death

8-29  of a person upon whom the judgment debtor was dependent at the

8-30  time of the wrongful death, to the extent reasonably necessary for

8-31  the support of the judgment debtor and any dependent of the

8-32  judgment debtor.

8-33      (v) Payments received as compensation for the loss of future

8-34  earnings of the judgment debtor or of a person upon whom the

8-35  judgment debtor is dependent at the time the payment is received,

8-36  to the extent reasonably necessary for the support of the judgment

8-37  debtor and any dependent of the judgment debtor.

8-38      (w) Payments received as restitution for a criminal act.

8-39      2.  Except as otherwise provided in NRS 115.010, no article or

8-40  species of property mentioned in this section is exempt from

8-41  execution issued upon a judgment to recover for its price, or upon a

8-42  judgment of foreclosure of a mortgage or other lien thereon.

8-43      3.  Any exemptions specified in subsection (d) of section 522 of

8-44  the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C. § 522(d),

8-45  do not apply to property owned by a resident of this state unless

9-1  conferred also by subsection 1, as limited by subsection 2 . [, of this

9-2  section.]

9-3  Sec. 5.  NRS 31.045 is hereby amended to read as follows:

9-4  31.045  1.  Execution on the writ of attachment by attaching

9-5  property of the defendant may occur only if:

9-6  (a) The judgment creditor serves the defendant with notice of

9-7  the execution when the notice of the hearing is served pursuant to

9-8  NRS 31.013; or

9-9  (b) Pursuant to an ex parte hearing, the sheriff serves upon the

9-10  judgment debtor notice of the execution and a copy of the writ at the

9-11  same time and in the same manner as set forth in

9-12  NRS 21.076.

9-13  If the attachment occurs pursuant to an ex parte hearing, the clerk of

9-14  the court shall attach the notice to the writ of attachment at the time

9-15  the writ is issued.

9-16      2.  The notice required pursuant to subsection 1 must be

9-17  substantially in the following form:

 

9-18  NOTICE OF EXECUTION

 

9-19  YOUR PROPERTY IS BEING ATTACHED OR

9-20  YOUR WAGES ARE BEING GARNISHED

 

9-21      Plaintiff, .................... (name of person), alleges that you

9-22  owe him money. He has begun the procedure to collect that

9-23  money. To secure satisfaction of judgment , the court has

9-24  ordered the garnishment of your wages, bank account or other

9-25  personal property held by third persons or the taking of

9-26  money or other property in your possession.

9-27      Certain benefits and property owned by you may be

9-28  exempt from execution and may not be taken from you. The

9-29  following is a partial list of exemptions:

9-30      1.  Payments received under the Social Security Act.

9-31      2.  Payments for benefits or the return of contributions

9-32  under the Public Employees’ Retirement System.

9-33      3.  Payments for public assistance granted through the

9-34  Welfare Division of the Department of Human Resources [.]

9-35  or a local governmental entity.

9-36      4.  Proceeds from a policy of life insurance.

9-37      5.  Payments of benefits under a program of industrial

9-38  insurance.

9-39      6.  Payments received as disability, illness or

9-40  unemployment benefits.

9-41      7.  Payments received as unemployment compensation.

9-42      [7.] 8. Veteran’s benefits.

10-1      [8.] 9. A homestead in a dwelling or a mobile home, not

10-2  to exceed [$125,000,] $200,000, unless:

10-3      (a) The judgment is for a medical bill, in which case all of

10-4  the primary dwelling, including a mobile or manufactured

10-5  home, may be exempt.

10-6      (b) Allodial title has been established and not relinquished

10-7  for the dwelling or mobile home, in which case all of the

10-8  dwelling or mobile home and its appurtenances are exempt,

10-9  including the land on which they are located, unless a valid

10-10  waiver executed pursuant to NRS 115.010 is applicable to the

10-11  judgment.

10-12     [9.] 10. A vehicle, if your equity in the vehicle is less

10-13  than [$4,500.

10-14     10.] $15,000.

10-15     11. Seventy-five percent of the take-home pay for any

10-16  pay period, unless the weekly take-home pay is less than 30

10-17  times the federal minimum wage, in which case the entire

10-18  amount may be exempt.

10-19     [11.] 12. Money, not to exceed $500,000 in present

10-20  value, held for retirement pursuant to certain arrangements or

10-21  plans meeting the requirements for qualified arrangements or

10-22  plans of sections 401 et seq. of the Internal Revenue Code ,

10-23  [(]26 U.S.C. §§ 401 et seq.[).

10-24     12.] 13. All money and other benefits paid pursuant to

10-25  the order of a court of competent jurisdiction for the support,

10-26  education and maintenance of a child, whether collected by

10-27  the judgment debtor or the State.

10-28     [13.] 14. All money and other benefits paid pursuant to

10-29  the order of a court of competent jurisdiction for the support

10-30  and maintenance of a former spouse, including the amount of

10-31  any arrearages in the payment of such support and

10-32  maintenance to which the former spouse may be entitled.

10-33     [14.] 15. A vehicle for use by you or your dependent

10-34  which is specially equipped or modified to provide mobility

10-35  for a person with a permanent disability.

10-36     [15.] 16. A prosthesis or any equipment prescribed by a

10-37  physician or dentist for you or your dependent.

10-38     17.  Payments, in an amount not to exceed $16,150,

10-39  received as compensation for personal injury, not including

10-40  compensation for pain and suffering or actual pecuniary

10-41  loss, by the judgment debtor or by a person upon whom the

10-42  judgment debtor is dependent at the time the payment is

10-43  received.

10-44     18.  Payments received as compensation for the

10-45  wrongful death of a person upon whom the judgment debtor

11-1  was dependent at the time of the wrongful death, to the

11-2  extent reasonably necessary for the support of the judgment

11-3  debtor and any dependent of the judgment debtor.

11-4      19.  Payments received as compensation for the loss of

11-5  future earnings of the judgment debtor or of a person upon

11-6  whom the judgment debtor is dependent at the time the

11-7  payment is received, to the extent reasonably necessary for

11-8  the support of the judgment debtor and any dependent of the

11-9  judgment debtor.

11-10     20.  Payments received as restitution for a

11-11  criminal act.

11-12  These exemptions may not apply in certain cases such as

11-13  proceedings to enforce a judgment for support of a child or a

11-14  judgment of foreclosure on a mechanic’s lien. You should

11-15  consult an attorney immediately to assist you in determining

11-16  whether your property or money is exempt from execution. If

11-17  you cannot afford an attorney, you may be eligible for

11-18  assistance through .................... (name of organization in

11-19  county providing legal services to the indigent or elderly

11-20  persons).

 

11-21  PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

11-22     If you believe that the money or property taken from you

11-23  is exempt or necessary for the support of you or your family,

11-24  you must file with the clerk of the court on a form provided

11-25  by the clerk a notarized affidavit claiming the exemption. A

11-26  copy of the affidavit must be served upon the sheriff and the

11-27  judgment creditor within 8 days after the notice of execution

11-28  is mailed. The property must be returned to you within 5 days

11-29  after you file the affidavit unless the judgment creditor files a

11-30  motion for a hearing to determine the issue of exemption. If

11-31  this happens, a hearing will be held to determine whether the

11-32  property or money is exempt. The hearing must be held

11-33  within 10 days after the motion for a hearing is filed.

 

11-34     IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE

11-35  TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD

11-36  AND THE MONEY GIVEN TO THE JUDGMENT

11-37  CREDITOR, EVEN IF THE PROPERTY OR MONEY IS

11-38  EXEMPT.

 

11-39     If you received this notice with a notice of a hearing for

11-40  attachment and you believe that the money or property which

11-41  would be taken from you by a writ of attachment is exempt or

12-1  necessary for the support of you or your family, you are

12-2  entitled to describe to the court at the hearing why you

12-3  believe your property is exempt. You may also file a motion

12-4  with the court for a discharge of the writ of attachment. You

12-5  may make that motion any time before trial. A hearing will be

12-6  held on that motion.

 

12-7      IF YOU DO NOT FILE THE MOTION BEFORE THE

12-8  TRIAL, YOUR PROPERTY MAY BE SOLD AND

12-9  THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE

12-10  PROPERTY OR MONEY IS EXEMPT OR NECESSARY

12-11  FOR THE SUPPORT OF YOU OR YOUR FAMILY.

 

12-12  H