Nev. Rev. Stat. » NRS: CHAPTER 31 - ATTACHMENT, GARNISHMENT AND OTHER EXTRAORDINARY REMEDIES
Nevada Revised Statutes

Nev. Rev. Stat. § 31.249 (2026)

Application to court for writ of garnishment

✓ current as of July 2026
Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
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 the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.

      2.  The plaintiff’s application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee:

      (a) Is the employer of the defendant; or

      (b) Is indebted to or has property in the garnishee’s possession or under the garnishee’s control belonging to the defendant,

Ê and that to the best of the knowledge and belief of the affiant, the defendant’s future wages, the garnishee’s indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the Division of Human Resource Management of the Department of Administration.

      3.  The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.

      4.  Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.

      5.  If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority.

      (Added to NRS by 1973, 1181; A 1985, 1012; 1989, 700; 2025, 24)

     

Notes of Decisions
Cited in 3 cases, 2013–2016 · leading case: Brooksby v. Nevada State Bank, 312 P.3d 501 (Nev. 2013).
Sort: Relevance Newest Treatment
Brooksby v. Nevada State Bank, 312 P.3d 501 (Nev. 2013). “Only property owned by the judgment debtor is subject to garnishment, and questions regarding title to that property as between the judgment creditor and a third party are properly determined by the court having jurisdiction under NRS 31.”
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016). · cites it 2× “" NRS 31.249(2)(b). In Ellsworth Land & Livestock, Inc.”
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016). “" NRS 31.249(2)(b). In Ellsworth Land & Livestock, Inc.”
— Nev. Rev. Stat. § 31.249(2) — 1 case
Brooksby v. Nevada State Bank, 312 P.3d 501 (Nev. 2013). “Only property owned by the judgment debtor is subject to garnishment, and questions regarding title to that property as between the judgment creditor and a third party are properly determined by the court having jurisdiction under NRS 31.”
— Nev. Rev. Stat. § 31.249(2)(b) — 2 cases
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016). “" NRS 31.249(2)(b). In Ellsworth Land & Livestock, Inc.”
Pac. W. Bank Vs. Dist. Ct. (ritter), 2016 NV 78 (Nev. 2016). “" NRS 31.249(2)(b). In Ellsworth Land & Livestock, Inc.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.