NEVADA

Has state opted out of federal bankruptcy exemptions? Yes. Nev. Rev. Stat. § 21.090(3).

Is opt out limited to residents or domiciliaries of the state? Yes. Nev. Rev. Stat. § 21.090: “Any exemptions specified in [§ 522(d)], do not apply to property owned by a resident of this State . . . .”

Do state’s exemptions have extraterritorial application?

Homestead: Yes. In re Fernandez, 2011 WL 3423373 (W.D. Tex. Aug. 5, 2011) (permitting use of Nevada homestead exemption on property located in Texas, despite Nevada exemption law requirement that homestead be recorded in county where property located).

Personal property: Uncertain.

Wages: Nev. Rev. Stat. §§ 21.090, 31.295 through 31.298.

Scope: Earnings. Nev. Rev. Stat. §§ 21.090(1)(g), 31.295(1).

Amount: For any workweek, 82% of the disposable earnings of a judgment debtor if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued was $770 or less, 75% of the disposable earnings of a judgment debtor if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued exceeded $770, or 50 times the federal minimum wage, whichever is greater. Nev. Rev. Stat. §§ 21.090(1)(g), 31.295(2).

Survival after payment/deposit: Yes. Earnings are defined to include compensation received by the judgment debtor, in the possession of the judgment debtor, held in accounts in a bank or any other financial institution, or, in the case of a receivable, compensation that is due the judgment debtor. Nev. Rev. Stat. §§ 21.090(1)(g)(2), 31.295(1)(b).

Waiver: Not specified in garnishment statute.

Homestead: Nev. Rev. Stat. §§ 21.090, 21.095, 115.005, 115.010, 115.040.

Amount: $605,000 in either land and a dwelling or a manufactured home, subject to certain liens (Nev. Rev. Stat. §§ 115.005, 115.010); land held in spendthrift trust for debtor is exempt. Unlimited exemption if “allodial title” has been established. Nev. Rev. Stat. § 115.010. (Nevada residents can acquire “allodial title” to their land by buying out the property tax right from the government. Then the landowner does not have to pay property tax on the land.) Nev. Rev. Stat. §§ 21.090(1)(l), 21.090(1)(m). The primary dwelling, including a manufactured home, and land may not be executed upon for a medical bill during the lifetime of the debtor, debtor’s spouse, a joint tenant who was a joint tenant at the time judgment was entered, or debtor’s disabled dependent adult child, or during the minority of any child of debtor. Nev. Rev. Stat. § 21.095. A 2007 amendment added an exemption for sums reasonably deposited with a landlord, to secure the rental or lease of debtor’s primary residence (except not exempt as to landlord’s claims for rent). Nev. Rev. Stat. § 21.090(1)(n).

Procedural requirements: Procedure available for filing declaration of homestead. Exemption available even without declaration. Once declaration is filed, spouse must join in any encumbrance or sale.

Special provisions: None specified.

Waiver: Spouse must join in conveyance or encumbrance of declared homestead. Nev. Rev. Stat. §§ 115.010(3), 115.040.

Tangible personal property: Nev. Rev. Stat. §§ 21.080, 21.090, 21.100.

Household goods: $12,000 necessary household goods, furnishings, electronics, wearing apparel, other personal effects, and yard equipment. Nev. Rev. Stat. § 21.090(1)(b).

Motor vehicles: $15,000 (Nev. Rev. Stat. § 21.090(1)(f)); no limit if specially equipped for disabled debtor or dependent. Nev. Rev. Stat. § 21.090(1)(p).

Tools of trade: $10,000 tools of trade; $4500 mining equipment; $4500 farm equipment. Nev. Rev. Stat. §§ 21.090(1)(c) through 21.090(1)(e).

Clothing and jewelry: Jewelry is included in the $5000 wildcard exemption. Nev. Rev. Stat. § 21.090(1)(a).

Miscellaneous and wildcard: $5000 in private library, works of art, musical instruments, jewelry, all family pictures, and keepsakes (Nev. Rev. Stat. § 21.090(1)(a)); health aids (Nev. Rev. Stat. § 21.090(1)(q)); property held in a spendthrift trust or a discretionary or support trust governed by chapter 163 of the Nev. Rev. Stat.; uniforms debtor is legally required to keep (Nev. Rev. Stat. § 21.090(1)(i)); one gun; a collection of metal bearing ores, geological specimens, art curiosities, or paleontological remains if the debtor catalogues them and the catalogue is kept near the collection for the free inspection of all visitors. Coin collections are not exempt. Nev. Rev. Stat. § 295.100. $10,000 in any property, including accounts in a financial institution. Nev. Rev. Stat. § 21.090(1)(z).

Waiver: Not specified in exemption statute.

Benefits, retirement plans, insurance, judgments, and other intangibles: Nev. Rev. Stat. §§ 21.080, 21.090, 21.100, 21.105.

Public benefits: Social Security benefits, including without limitation, retirement, survivors, SSI, and disability. Nev. Rev. Stat. § 21.090(1)(y). See Nev. Rev. Stat. § 422.291 (assistance awarded pursuant to public welfare administration laws is exempt). Earned income credit or any similar credit pursuant to state law. Nev. Rev. Stat. § 21.090(1)(aa). Unemployment compensation (Nev. Rev. Stat. § 21.090(1)(hh)); workers’ compensation (Nev. Rev. Stat. § 21.090(1)(gg)); money paid or rights existing for vocational rehabilitation pursuant to Nev. Rev. Stat. § 615.270 (Nev. Rev. Stat. § 21.090(1)(jj)); public assistance provided by the Department of Health and Human Services pursuant to Nev. Rev. Stat. §§ 422.291 and 442A.325 (Nev. Rev. Stat. § 21.090(1)(kk)); child welfare assistance pursuant to Nev. Rev. Stat. § 432.036(ll).

Pensions, retirement plans, and annuities: Up to $1,000,000 (present value) in tax-qualified retirement plan. Nev. Rev. Stat. § 21.090(1)(r). Benefits or refunds paid or payable from the Public Employees’ Retirement System. Nev. Rev. Stat. § 21.090(1)(ii).

Insurance, judgments, or other compensation for injury: Money or benefits in any manner growing out of life insurance. Nev. Rev. Stat. § 21.090(1)(k). Proceeds from a private disability insurance plan (Nev. Rev. Stat. § 21.090(1)(ee)); money in a trust fund for funeral or burial services. Nev. Rev. Stat. § 21.090(1)(ff). Payments, up to $16,500, for personal injury to debtor or person on whom debtor is dependent (Nev. Rev. Stat. § 21.090(1)(u)); as needed for support, payments for wrongful death of person on whom debtor is dependent (Nev. Rev. Stat. § 21.090(1)(v)); so far as necessary for support, payments for loss of future earnings (Nev. Rev. Stat. § 21.090(1)(w)); restitution for criminal act. Nev. Rev. Stat. § 21.090(1)(x).

Bank accounts: If exempt funds have been electronically direct-deposited in a personal bank account within 45 days before date of service of garnishment, then the lesser of $2000 or the entire account balance is not subject to execution and must remain accessible to the judgment debtor. If exempt benefits have not been direct-deposited, then the lesser of $400 or the entire account balance is not subject to execution and must remain accessible to the judgment debtor. A judgment debtor must make a claim of exemption to exempt any larger amount of exempt funds in the account. Nev. Rev. Stat. § 21.105. Pre-paid funeral. Nev. Rev. Stat. § 21.090(1)(ff).

Alimony, child support: Both are exempt. Nev. Rev. Stat. § 21.090(s), (t).

Tax refunds: Earned income credit or any similar credit pursuant to state law. Nev. Rev. Stat. § 21.090(1)(aa).

Survival after payment or deposit: Not specified in exemption statute.