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Nevada Claim of Exemption

File a Nevada claim of exemption to stop wage garnishment. Learn the Claim of Exemption form, what take-home pay is exempt, and the 10-day filing deadline.

Introduction

A Nevada claim of exemption is a form you file to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a judgment, it can serve a writ of execution or garnishment on your employer or bank and take money from your pay or account. In Nevada you file the Claim of Exemption with the clerk of the court that issued the writ within 10 days after the notice is served. For an ongoing wage garnishment, you file within 10 days of each withholding. Nevada protects a large share of take-home pay: 82 percent if your gross weekly wage was $770 or less, and 75 percent if it was more. If the creditor objects within 8 judicial days, the court sets a hearing. Money can be held while the claim is decided. DocDraft prepares a Nevada claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A Nevada claim of exemption is a form you file to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.

  2. 2

    You file the Claim of Exemption with the clerk of the court that issued the writ of execution or garnishment. Under NRS 21.112 you have 10 days after the notice of the writ is served to file it.

  3. 3

    Nevada protects a large share of take-home pay. Under NRS 21.090 you keep 82 percent of your take-home if your gross weekly wage was 770 dollars or less, or 75 percent if it was more, and even more is protected if your take-home is under 50 times the federal minimum wage.

  4. 4

    A continuing wage garnishment requires repeat filings. Because the garnishment reaches each paycheck, you must file a claim of exemption within 10 days after each withholding of earnings to protect that pay period.

  5. 5

    Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  6. 6

    Money can be held while the claim is decided. Because a garnishment reaches your pay or account until the claim is resolved, filing the Claim of Exemption quickly limits what you lose.

  7. 7

    A hearing happens if the creditor objects. If the creditor files an objection within 8 judicial days, the court must hold a hearing within 7 judicial days after the objection, where you show the money is protected.

Key decisions before you file

Before you file a Claim of Exemption in Nevada, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION (NEVADA - WAGE GARNISHMENT)

Filed under Nev. Rev. Stat. section 21.090 (exempt property) and section 21.112 (procedure to claim an exemption). In Nevada this claim is made on the Claim of Exemption, filed with the clerk of the court that issued the writ. The judgment debtor claims that some or all of the wages or funds being garnished are exempt and asks that they be released.

  1. COURT AND CASE Court that issued the writ (clerk's office where you file): [COURT NAME] Case number: [CASE NUMBER] Writ of execution or garnishment number: [NUMBER, IF ANY]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Garnishee (employer or bank served): [EMPLOYER OR BANK NAME]

  3. WHAT IS BEING GARNISHED [ ] Wages from my employer: [EMPLOYER NAME] [ ] Funds in my account at: [BANK NAME] Approximate amount being taken: $[AMOUNT]

  4. EXEMPTION CLAIMED I claim that the money is exempt for the following reason(s): [ ] The wage-garnishment limit under NRS 21.090 protects my take-home pay (82 percent if my gross weekly wage was 770 dollars or less, 75 percent if it was more). [ ] My weekly take-home pay is less than 50 times the federal minimum wage, so the entire amount is exempt. [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / PUBLIC BENEFITS / OTHER]. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  5. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  6. FINANCIAL STATEMENT (attach if the court requires one) Monthly take-home income: $[INCOME] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  7. REQUEST FOR HEARING I ask that the exempt money be protected. I understand that if the creditor objects within 8 judicial days, the court must hold a hearing within 7 judicial days after the objection, where I can show the money is exempt.

  8. VERIFICATION I declare under penalty of perjury under the laws of the State of Nevada that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: File the Claim of Exemption with the clerk of the court that issued the writ within 10 days after the notice is served, and within 10 days after each withholding for a continuing wage garnishment. Confirm the current form and procedure, or have this reviewed by an attorney, before you file.

Nevada Requirements for Claim of Exemption

Nevada Filing Deadline and Office

File the Nevada claim of exemption with the correct office, the court or the levying officer as Nevada directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

A Nevada claim of exemption is a form, the Claim of Exemption, that you file to protect wages or bank funds from a garnishment. You file it with the clerk of the court that issued the writ. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. If the creditor does not object within 8 judicial days, your protected funds are released.

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the writ. A Nevada claim of exemption accepts the judgment but says the specific wages or funds are legally protected, for example because they fall within the protected share of take-home pay or come from an exempt source. You raise the exemption on the Claim of Exemption form, and you can point out a defect at the same time.

Under NRS 21.090 you keep 82 percent of your take-home pay if your gross weekly wage was 770 dollars or less, or 75 percent if it was more, so a creditor can take at most 18 or 25 percent. If your weekly take-home is less than 50 times the federal minimum wage, the entire amount can be exempt. This protects more of your pay than the federal limit does.

Under NRS 21.112 you must file the Claim of Exemption within 10 days after the notice of the writ is served. For an ongoing wage garnishment, you must file within 10 days after each withholding of earnings to protect that pay period. Because money can be held while the claim is decided, file as soon as you learn of the garnishment.

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts. A large share of ordinary take-home pay is also protected under NRS 21.090. If exempt funds are frozen in a bank account, a claim of exemption is how you get them released.

Nevada does not use a separate head-of-household wage percentage, but its base protection is already strong: you keep 82 percent of take-home pay at lower income levels and 75 percent above, and even more if your take-home is under 50 times the federal minimum wage. Details of your income and expenses support the exemption you claim on the form.

You file the Claim of Exemption with the clerk of the court that issued the writ of execution or garnishment. The clerk and creditor are notified, and the creditor has 8 judicial days to object. The court holds a hearing only if the creditor files an objection.

The creditor has 8 judicial days to object to your claim. If it does nothing, your protected wages or funds are released. If it objects, the court must hold a hearing within 7 judicial days after the objection, where you show the money is exempt and the creditor must justify the garnishment. Money can be held while the claim is decided.