Nev. Rev. Stat. § 31.300

Property to be delivered to sheriff; sale; judgment against garnishee

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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 application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant.

2. If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under the garnishee’s control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or the garnishee’s attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless the garnishee’s answer shall be successfully controverted as hereinafter provided.

[1911 CPA § 233; RL § 5175; NCL § 8731]—(NRS A 1973, 1186)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1971–2022 · leading case: Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd.

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Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd. (2008) nev “15 NRS 31.300. 16 See, e.g., NRS 31.330 (governing answers); NRS 31.”

Grouse Creek Ranches v. Budget Financial Corp. (1971) nev · cites it 2× “By the entry of Budget as a third-party claimant under NRS 31.350 a question mark was thrown over the requisite determination (right to the property) for a judgment under the foregoing statutes.”

Car-Freshner Corporation v. Scented Promotions, LLC (2022) nvd · cites it 5× “9 Under NRS § 31.300, if a garnishee 7 defendant shows that it has money or property belonging to the defendant/judgment debtor, “the 8 court [must] .”

Thompson v. Lamplight Village @ Centennial Springs Homeowners' Association (2019) nvd · cites it 2× “18 NRS 31.300 provides as follows: 19 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 20 defendant, the court, upon application of the plaintiff with written…”

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