§ 21.112. Claim of exemption: Procedure; release of property; undertaking by judgment creditor
21.112. Claim of exemption: Procedure; release of property; undertaking by judgment creditor
1. In order to claim exemption of any property levied on, the judgment debtor must, within 8 days after the notice prescribed in NRS 21.075 is mailed, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out the judgment debtor’s claim of exemption. The clerk of the court shall provide the form for the affidavit.
2. When the affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff:
(a) Fails to give the sheriff an undertaking executed by two good and sufficient sureties which:
(1) Is in a sum equal to double the value of the property levied on; and
(2) Indemnifies the judgment debtor against loss, liability, damages, costs and attorney's fees by reason of the taking, withholding or sale of the property by the sheriff; or
(b) Fails to file a motion for a hearing to determine whether the property or money is exempt.
The clerk of the court shall provide the form for the motion.
3. At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.
4. The sheriff is not liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property, where:
(a) No affidavit claiming exemption is served on the sheriff; or
(b) An affidavit claiming exemption is served on the sheriff, but the sheriff fails to release the property in accordance with this section.
5. Unless the court continues the hearing for good cause shown, the hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
6. The judgment creditor shall give the judgment debtor at least 5 days' notice of the hearing.