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 of the plaintiff’s
attorney, if any, otherwise the plaintiff’s address.
(e) Require each person the court directs, as
garnishees, to submit to the sheriff an answer to the interrogatories within 20
days after service of the writ upon the person.
2. The writ of garnishment must also
notify the garnishee defendant that, if the garnishee defendant fails to answer
the interrogatories, a judgment by default will be rendered against the
garnishee defendant for:
(a) The amount demanded in the writ of
garnishment or the value of the property described in the writ, as the case may
be; or
(b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created
pursuant to that section,
Ê which amount
or property must be clearly set forth in the writ of garnishment.
3. Execution on the writ of garnishment
may occur only if the sheriff mails a copy of the writ with a copy of the
notice of execution to the defendant in the manner and within the time
prescribed in NRS 21.076. In the case of
a writ of garnishment that continues for 180 days or until the amount demanded
in the writ is satisfied, a copy of the writ and the notice of execution need
only be mailed once to the defendant.
[1911 CPA § 229; RL § 5171; NCL § 8727]—(NRS A 1973,
1182; 1989,
1141; 2001,
474; 2017,
1979)
Notes of Decisions
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd., 197 P.3d 1051 (Nev. 2008).
· cites it 2× “320(1); see also NRS 31.260(2) (requiring that the writ of garnishment warn the garnishee defendant that failure to answer the interrogatories will result in a default judgment against him).”
Finberg v. Sullivan, 634 F.2d 50 (3rd Cir. 1980).
“Nevada The statutes contain no specific provision for notifying the debtor, Nev.Rev.Stat. § 31.260, but he must raise his exemption claims within five days of the garnishment.”
Grouse Creek Ranches v. Budget Fin. Corp., 488 P.2d 917 (Nev. 1971).
“We cannot agree with Budget’s contention that because of the December 1962 pledge agreement Westates no longer owned any garnishable interest in the pledged property.”
— Nev. Rev. Stat. § 31.260(1) — 1 case
— Nev. Rev. Stat. § 31.260(1)(e) — 1 case
— Nev. Rev. Stat. § 31.260(2) — 3 cases
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd., 197 P.3d 1051 (Nev. 2008).
“320(1); see also NRS 31.260(2) (requiring that the writ of garnishment warn the garnishee defendant that failure to answer the interrogatories will result in a default judgment against him).”
— Nev. Rev. Stat. § 31.260(l)(e) — 1 case
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd., 197 P.3d 1051 (Nev. 2008).
“320(1); see also NRS 31.260(2) (requiring that the writ of garnishment warn the garnishee defendant that failure to answer the interrogatories will result in a default judgment against him).”
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