Question 1

What is a claim of exemption in Nevada?

Accepted Answer

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.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Nevada?

Accepted Answer

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.

Question 3

How much of my paycheck can be garnished in Nevada?

Accepted Answer

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.

Question 4

How long do I have to file a claim of exemption in Nevada?

Accepted Answer

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.

Question 5

What income is exempt from garnishment in Nevada?

Accepted Answer

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.

Question 6

Can I protect my wages if I support my family in Nevada?

Accepted Answer

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.

Question 7

Where do I file a Nevada claim of exemption?

Accepted Answer

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.

Question 8

What happens after I file a claim of exemption in Nevada?

Accepted Answer

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.

Nevada Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Nevada Requirements for Claim of Exemption

Nevada Filing Deadline and Office

Frequently Asked Questions