NRS
21.120 Garnishment in aid of execution; notice of writ of garnishment;
third-party claims.
1. If personal property, including debts
or credits due or to become due, is not in the possession or control of the
debtor, the sheriff, upon instructions from the creditor and without requiring
an order of court, shall serve a writ of garnishment in aid of execution upon
the party in whose possession or control the property is found. Notice of the
writ of garnishment must be served upon the judgment debtor in the same manner
and form and within the time prescribed in NRS
21.075 and 21.076 for property
levied upon by writ of execution.
2. If any property levied upon by writ of
execution or by writ of garnishment in aid of execution is claimed by a third
person as his or her property, the same rules prevail as to the contents and
making of the claim, as to the holding of the property and as to a hearing to
determine title thereto, as in the case of a claim after levy under writ of
attachment, as provided for by law.
[1911 CPA § 347 1/2; added 1933,
88; 1931 NCL § 8845.01]—(NRS A 1977,
482; 1989,
1137)
Notes of Decisions
LFC Mktg. Grp., Inc. v. Loomis, 8 P.3d 841 (Nev. 2000).
“070 (providing third-party hearing in writ of attachment context); NRS 21.120(2) (providing that identical hearing procedure is used for third parties in writ of execution context).”
Brooksby v. Nevada State Bank, 312 P.3d 501 (Nev. 2013).
· cites it 2× “Unclear on why their petition and claims *773 were denied but presuming that it was based on Nevada State Bank’s objection to lack of proper service on the constable, two days later, the Brooksby children filed renewed claims and, shortly thereafter, another petition for the…”
Elliott v. Denton & Denton, 860 P.2d 725 (Nev. 1993).
· cites it 4× “See NRS 21.120(2). [5] NRS 31.070 provides for the release of the levied property if the third person has filed a written claim and the person who caused the levy fails to file an undertaking upon demand by the sheriff.”
Kulik v. Albers Inc., 532 P.2d 603 (Nev. 1975).
“NRS 21.120 merely provides that the law to be applied to writs of execution is NRS 31.”
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016).
· cites it 2× “Further, NRS 21.120 authorizes garnishment against the party in whose "possession or control" the property is found—where WFA acknowledged that it "maintained or referenced" the account on Badger's behalf, and execution of the funds does not involve the physical delivery of real…”
Clark NMSD, LLC v. Goldstein, 2022 NV 75 (Nev. 2022).
· cites it 2× “If the claim is contested, subsection 5 of the statute provides for the right to a hearing before the court presiding over the matter to determine title to the property in question, upon petition and notice to all parties in the action and all parties claiming an interest in the…”
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016).
“Further, NRS 21.120 authorizes garnishment against the party in whose "possession or control" the property is found—where WFA acknowledged that it "maintained or referenced" the account on Badger's behalf, and execution of the funds does not involve the physical delivery of real…”
Mona Vs. Dist. Ct. (far West Indus.), 2016 NV 72 (Nev. 2016).
“the extent that the district court was attempting to sanction Rhonda under NRCP 37, as trustee of the Mona Family Trust, for failing to produce documents concerning the trust or to appear for an examination, the district court erred in ordering Rhonda's three bank 4 Because…”
— Nev. Rev. Stat. § 21.120(2) — 3 cases
LFC Mktg. Grp., Inc. v. Loomis, 8 P.3d 841 (Nev. 2000).
“070 (providing third-party hearing in writ of attachment context); NRS 21.120(2) (providing that identical hearing procedure is used for third parties in writ of execution context).”
Elliott v. Denton & Denton, 860 P.2d 725 (Nev. 1993).
“See NRS 21.120(2). [5] NRS 31.070 provides for the release of the levied property if the third person has filed a written claim and the person who caused the levy fails to file an undertaking upon demand by the sheriff.”
Clark NMSD, LLC v. Goldstein, 2022 NV 75 (Nev. 2022).
“If the claim is contested, subsection 5 of the statute provides for the right to a hearing before the court presiding over the matter to determine title to the property in question, upon petition and notice to all parties in the action and all parties claiming an interest in the…”
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