What Property Is Exempt From Creditors in Nevada?

If a creditor wins a money judgment against you in Nevada, the single most powerful protection on the books is the homestead exemption: under NRS 115.010, up to $605,000 of equity in your primary residence is shielded from most general creditors. That figure is dramatically higher than what many states allow, and it is the reason a judgment creditor in Nevada usually cannot force the sale of your home over an ordinary unpaid debt. But the homestead is only one piece of a broader set of state and federal exemptions that protect your wages, your retirement savings, your public benefits, your vehicle, and your household goods. Knowing which assets are off-limits - and how to formally claim them - is what stops a routine bank levy or wage garnishment from wiping you out.

The Nevada homestead exemption

Nevada's homestead exemption (NRS 115.010) protects equity in the home you actually live in - a house, condominium, mobile home, or in some cases a manufactured home. As of 2026 the protected amount is $605,000 of equity, meaning the value left after subtracting mortgages and other voluntary liens. Because the Nevada Legislature periodically adjusts this figure, confirm the current amount in the statute or with the Clark, Washoe, or your county recorder before relying on it.

In Nevada, some homestead protection applies automatically, but the safest practice is to record a Declaration of Homestead with the county recorder where the property sits (NRS 115.020). Recording the declaration locks in the exemption against later judgment liens. Important exceptions: the homestead does not protect you from your mortgage lender, from a properly recorded mechanic's lien, from unpaid property taxes, or from court-ordered child or spousal support. Those creditors can still reach the home.

Wage garnishment limits

Federal law (the Consumer Credit Protection Act) sets a floor that every state must honor: a creditor may garnish no more than the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. Nevada is more generous to debtors. Under NRS 31.295, the protected "floor" is the amount by which disposable earnings exceed 50 times the federal minimum wage - not 30 times - so lower-income workers in Nevada keep more of each paycheck than the federal baseline requires. Nevada also caps garnishment at a reduced percentage for lower earners in some circumstances. Because these thresholds turn on the minimum wage and on gross-income brackets, verify the exact percentage and dollar cutoff that apply to your weekly pay with the statute or the court before assuming a number.

Garnishment for child support, spousal support, and certain taxes follows different, higher limits and is not capped at the ordinary consumer rate.

Retirement accounts and savings

Retirement money is heavily protected. Employer plans governed by the federal ERISA law - traditional pensions and most 401(k) accounts - are generally beyond the reach of judgment creditors. Nevada adds its own protection for individual retirement accounts: under NRS 21.090(1)(r), retirement plans and IRAs are exempt up to a substantial present-value cap (Nevada's statute protects these accounts up to $1,000,000 in present value; confirm the current limit in the statute). Public-employee retirement benefits through PERS are also protected.

Public benefits: Social Security, unemployment, and assistance

Federal benefits carry their own near-absolute shield. Under 42 U.S.C. 407, Social Security and SSI benefits cannot be garnished by ordinary creditors, and that protection follows the money into your bank account as long as the funds are traceable. Veterans' benefits and most federal benefits are similarly protected.

On the state side, Nevada exempts unemployment compensation (NRS 612.710), public assistance and TANF payments, and workers' compensation benefits from creditor seizure. A practical tip: keep benefit deposits in a separate account, or at least avoid mingling them with other money, so you can prove which dollars are exempt if a bank levy hits.

Vehicle, household goods, and the wildcard

Nevada protects everyday property you need to live and work:

  • One motor vehicle - exempt up to a set amount of equity under NRS 21.090(1)(f) (Nevada protects up to $15,000 of vehicle equity, with a higher amount if the vehicle is equipped for a person with a disability; confirm the current figure).
  • Household goods, furniture, appliances, electronics, clothing, and yard equipment - exempt up to a combined cap under NRS 21.090(1)(b).
  • Tools, equipment, and supplies of your trade or profession - exempt up to a statutory limit under NRS 21.090(1)(d).
  • A general "wildcard" - Nevada lets you protect personal property of your choosing up to a set dollar amount (NRS 21.090(1)(z)), which you can apply to assets that no other category covers.
  • Other exemptions include health aids, certain insurance proceeds and benefits, burial plots, and child-support payments received.

Because each of these dollar caps is set by statute and is occasionally updated, treat the amounts above as starting points and check the current text of NRS 21.090 rather than relying on memory or an old form.

How to claim your exemptions against a levy or garnishment

Exemptions are not automatic when a creditor moves to collect - you usually have to assert them in writing, and there is a deadline. When a creditor obtains a writ of execution or garnishment in Nevada, you are entitled to a notice explaining your right to claim exemptions. Under NRS 21.112, you generally must file a Claim of Exemption (an affidavit identifying the exempt property and the legal basis) within a short window - Nevada law sets this at roughly 10 days after the notice is served or mailed - and serve it on the sheriff and the creditor. Confirm the exact deadline on the notice you receive, because missing it can cost you the protection.

After you file, the creditor has a limited time to oppose your claim. If they do, the court schedules a hearing where you can present proof - bank records showing exempt deposits, the vehicle's value, retirement-account statements, and so on. If the creditor does not timely object, the levying officer must release the property. If a bank has already frozen exempt funds such as Social Security, act fast: file the claim, attach documentation tracing the deposits, and ask the court to order the funds released.

Where to verify and get help

The controlling sources are Nevada Revised Statutes Chapter 21 (execution and exemptions), Chapter 31 (attachment and garnishment), and Chapter 115 (homestead), all available free through the Nevada Legislature's website. For consumer protection questions and complaints about abusive collection practices, contact the Nevada Attorney General's Bureau of Consumer Protection, the state's consumer-protection office. The federal Fair Debt Collection Practices Act (FDCPA) limits how collectors may contact you, and the Fair Credit Reporting Act (FCRA) governs how a judgment or collection account appears on your credit report. Because the dollar figures and deadlines in this article are set by statute and can change, and because losing an exemption can mean losing your home, your car, or your paycheck, confirm the current numbers against the statute and consider consulting a Nevada attorney or a legal-aid office before responding to a levy or garnishment.

This page is based on Nevada law. Limits and deadlines change — verify the current details directly with the official Nevada sources below. This is general legal information, not legal advice.

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Nevada’s own rules.

Frequently asked questions

How much home equity can I protect from creditors in Nevada?

Under NRS 115.010, Nevada's homestead exemption protects up to $605,000 of equity in your primary residence as of 2026. Recording a Declaration of Homestead with your county recorder locks in the protection. It does not stop your mortgage lender, a mechanic's lien, property-tax collection, or court-ordered child or spousal support. Confirm the current amount in the statute, as the Legislature adjusts it periodically.

How much of my wages can a creditor garnish in Nevada?

Nevada caps consumer wage garnishment at no more than 25% of disposable earnings, and it protects more than federal law by shielding earnings up to 50 times the federal minimum wage (versus the federal 30 times floor). Lower earners may have an even smaller percentage taken. Child support, spousal support, and tax garnishments follow different, higher limits. Verify the exact figures under NRS 31.295.

Can creditors take my Social Security or unemployment in Nevada?

Generally no. Social Security and SSI are protected under federal law (42 U.S.C. 407), and that protection follows the funds into your bank account if they stay traceable. Nevada also exempts unemployment compensation (NRS 612.710), public assistance, and workers' compensation. Keep benefit deposits in a separate account so you can prove which dollars are exempt if your bank is levied.

What do I do if my Nevada bank account is frozen by a levy?

File a Claim of Exemption with the court - typically within about 10 days of receiving notice under NRS 21.112 - and serve it on the sheriff and the creditor. Attach documentation tracing exempt deposits such as Social Security, wages, or retirement funds. If the creditor does not timely object, the levying officer must release the money. Confirm the deadline shown on your notice and act quickly.

Is my car safe from a Nevada judgment creditor?

Nevada exempts equity in one motor vehicle under NRS 21.090(1)(f), with a higher cap if the vehicle is equipped for a person with a disability. You can also stack the general wildcard exemption to protect additional value. If your equity exceeds the cap, a creditor could theoretically reach the excess, so confirm the current statutory amount before assuming your vehicle is fully protected.

This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.

Knowing your rights is the first step

Join thousands committing to calmly and consistently exercise their constitutional rights.

Take the Pledge