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

Nev. Rev. Stat. § 31.330

Answer of garnishee; reply of plaintiff by affidavit

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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 traversing the same; the plaintiff may also in the plaintiff’s reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff fails to reply within the time aforesaid, the plaintiff shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly.

      [1911 CPA § 236; RL § 5178; NCL § 8734]—(NRS A 1973, 1187)

     

Notes of Decisions
Cited in 6 cases, 1971–2014 · leading case: Williams v. Clark County District Attorney
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Williams v. Clark County District Attorney (2002) nev · cites it 2× “Compare NRS 31.330 (providing that affidavit charging a garnishee with liability may be made upon information and belief), with NRCP 56(e) (stating that affidavits supporting or opposing a summary judgment motion shall be made on personal knowledge).”
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd. (2008) nev “, NRS 31.330 (governing answers); NRS 31.340 (governing trial); NRS 31.”
Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc. (1986) nev “See NRS 31.330. If Durable had answered that no funds whatever were due Mar-chini, and the Trustees had failed to reply, the Trustees would be bound by Durable’s answer.”
Grouse Creek Ranches v. Budget Financial Corp. (1971) nev “NRS 31.330 requires that the plaintiff-garnishor traverse the answer of the garnishee or be deemed to accept that answer as true.”
Safety Industries v. Perkins C/W 63014 (2014) nev “Perkins filed a traversing affidavit against Safety, DES, and the Trust under NRS 31.330, alleging that DES had obtained Safety's assets in violation of Nevada's Uniform Fraudulent Transfer Act (NUFTA), NRS Chapter 112, as a constructive fraudulent transfer.”
Safety Industries v. Perkins C/W 63014 (2014) nev “Perkins filed a traversing affidavit against Safety, DES, and the Trust under NRS 31.330, alleging that DES had obtained Safety's assets in violation of Nevada's Uniform Fraudulent Transfer Act (NUFTA), NRS Chapter 112, as a constructive fraudulent transfer.”
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