Title 3

NRS 31.022 Procedure when notice and hearing not required. The court shall, without delay, examine the plaintiff’s application and affidavit and receive additional evidence if necessary, and shall order the clerk to issue a writ of attachment without notice to the defendant if: 1…

NRS 31.024 Procedure when notice and hearing required: Order to show cause. If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence re…

NRS 31.026 Procedure when notice and hearing required: Hearing. A hearing on the order to show cause shall be conducted by the court without a jury. The court at such hearing shall consider all affidavits, testimony and other evidence presented and shall make a determination of t…

NRS 31.028 Contents of order for attachment. The court or judge issuing any order for attachment with or without notice shall set forth in the order: 1. The ground or grounds for attachment relied upon for the issuance of the order. 2. The facts or reasons why the court believes …

NRS 31.030 Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ. 1. The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum…

NRS 31.040 Sheriff to attach and keep property; undertaking by defendant. The writ must be directed to the sheriff of any county in which property of the defendant may be and require the sheriff to attach and keep safely all the money or property of the defendant described in the…

NRS 31.045 Notice of execution on writ of attachment: Service required; form; contents. 1. Execution on the writ of attachment by attaching property of the defendant may occur only if: (a) The judgment creditor serves the defendant with notice of the execution when the notice of …

NRS 31.050 Attachment of shares of stock, debts due defendant and other property. Subject to the order for attachment and the provisions of NRS 78.746 and chapters 104 to 104C, inclusive, of NRS, the right of shares which the defendant may have in the stock of any corporation or …

NRS 31.060 Execution of writ of attachment: Manner in which property is to be attached. Subject to the requirements of NRS 31.045, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, a…

NRS 31.065 Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff. 1. In cases where the sheriff is instructed to take into possession easily transportable personal property, whether it is to…

NRS 31.070 Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property. 1. If the property levied on is claimed by a third person as the person’s property by a written claim…

NRS 31.100 Examination of person served with copy of writ and defendant; delivery and memoranda of personal property. After the writ has been issued, any person owing debts to the defendant or having in the person’s possession or under the person’s control any credits or other pe…

NRS 31.110 Sheriff’s return of writ; certificate. The sheriff shall return the writ of attachment within 25 days after its receipt, with a certificate of the sheriff’s proceeding endorsed thereon or attached thereto. The certificate must contain the date, time and place of each l…

NRS 31.120 Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment. If any of the property attached is perishable, the sheriff shall sell it in the manner prescribed by the court. The proceeds and other property attached by the sh…

NRS 31.130 Sale of attached property; proceeds to be deposited in court. Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court, or a judge thereof, that the interest of the parties to the action will be sub…

NRS 31.140 Satisfaction of judgment by sales of attached property. If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by the sheriff which has not been delivered to the defendant or a claimant, as hereinafter provided, or su…

NRS 31.150 Deficiency after sale of attached property; sheriff to collect balance as upon an execution. If, after selling all the property attached by the sheriff remaining in the sheriff’s hands, and applying the proceeds, together with the proceeds of any debts or credits colle…

NRS 31.160 Plaintiff may prosecute undertaking if execution returned unsatisfied. If the execution be returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to NRS 31.040 or 31.190, or the plaintiff may proceed as in other cases upon…

NRS 31.170 Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal. If the defendant recovers judgment against the plaintiff, or if the claim for relief upon which the attachment is based is dismissed, then any undertaking recei…

NRS 31.180 Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments. 1. Whenever the defendant shall have appeared in the action, the defendant may apply, upon reasonable notice to the plaintiff, t…

NRS 31.190 Undertaking of defendant; determination of disputed value of property; justification by sureties. 1. On granting an order for discharge of attachment pursuant to NRS 31.180, the court or the judge shall require an undertaking on behalf of the defendant, with at least t…

NRS 31.200 Grounds for discharge of attachment. 1. The defendant may also, at any time before trial, apply by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or p…

NRS 31.210 When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits. If the motion is made upon affidavits on the part of the defendant, the plaintiff may oppose it by affidavits or other evidence, in addition to those on which the writ of attach…

NRS 31.220 Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ. If upon such application it satisfactorily appears that the writ of attachment was improperly, improvidently or irregularly issued, it must be discharged; but the release of …

NRS 31.235 Constables have powers and duties of sheriff with respect to writ of attachment. A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to this chapter with respect to a writ of attachment. (Added to N…

NRS 31.240 Writ of garnishment may issue at time of issuance of writ of attachment or later. At the time of the order directing a writ of attachment to issue or at any time thereafter, the court may order that a writ of garnishment issue, and thereupon cause the money, credits, e…

NRS 31.249 Application to court for writ of garnishment. 1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued: (a) In the order directing the clerk to issue a writ of attachment; or (b) If …

NRS 31.260 Issuance and contents of writ of garnishment; notice of execution. 1. The writ of garnishment must: (a) Be issued by the sheriff. (b) Contain the name of the court and the names of the parties. (c) Be directed to the garnishee defendant. (d) State the name and address …

NRS 31.270 Service of writ; tender of garnishee’s fees. 1. The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided by rule of court or law of this state for the…

NRS 31.280 Service and return of writ give court jurisdiction. The sheriff’s return of the writ of garnishment showing due service of the writ of garnishment upon one or more garnishee defendants with the payment or tender of the garnishee’s fees shall give the court jurisdiction…

NRS 31.290 Form of interrogatories to garnishee; garnishee to answer in writing under oath. 1. The interrogatories to be submitted with any writ of execution, attachment or garnishment to the garnishee may be in substance as follows: INTERROGATORIES Are you in any manner indebted…

NRS 31.291 Garnishment of certain financial institutions. 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by servi…

NRS 31.292 Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators. 1. Clerks of the courts, sheriffs, justices of the peace, peace officers and all other officers who may, by virtue of their office, collec…

NRS 31.293 Unpaid subscription to corporate stock subject to garnishment by creditor of corporation. Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts. (Added to NRS by 1973, 1185)

NRS 31.294 Procedure for garnishment when another action pending. Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is no…

NRS 31.2945 Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act. 1. Any judgment debtor who is a resident of this State and who maintains an account or any other property at a branch of a financial institution loca…

NRS 31.295 Garnishment of earnings: Limitations on amount. 1. As used in this section: (a) “Disposable earnings” means that part of the earnings of any person remaining after the deduction from those earnings of any amounts required by law to be withheld. (b) “Earnings” means com…

NRS 31.2955 Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee. 1. For the purposes of NRS 31.240 to 31.460, inclusive: (a) Except as otherwise provided in paragraphs (b) and (c), the gross weekly salary or wage of an employee must be de…

NRS 31.296 Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor. 1. Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that…

NRS 31.297 Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings. 1. If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misr…

NRS 31.298 Garnishment of earnings: Unlawful to discharge or discipline employee. It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment. (Added to NR…

NRS 31.300 Property to be delivered to sheriff; sale; judgment against garnishee. 1. If the answer of the garnishee shows that the garnishee has personal property of any kind in his or her possession, or under his or her control, belonging to the defendant, the court, upon applic…

NRS 31.310 Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property. 1. Subject to order of the court, a garnishee defendant upon whom a writ of garnishment has been duly served shall not pay any debt due or to become du…

NRS 31.320 Judgment against garnishee on failure to answer; relief from judgment. 1. If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of the payment or tender is duly certified by the off…

NRS 31.330 Answer of garnishee; reply of plaintiff by affidavit. If the garnishee answers as required by the writ, the plaintiff may, within 20 days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit trav…

NRS 31.340 New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees. New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the…