Nev. Rev. Stat. § 31.350
Third person may be interpleaded as defendant; notice; proceedings
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NRS 31.350 Third person may be interpleaded as defendant; notice;
proceedings. When the answer of
the garnishee discloses that any other person than the defendant claims the
indebtedness or property in the garnishee’s hands, and the name and address of
such claimant, the court shall, on motion and notice to all parties to the
action including the garnishee defendant, order that such claimant be
interpleaded as a defendant to the garnishee action; and that notice thereof, setting
forth the facts, with a copy of such order, in such form as the court shall
direct, be served upon the claimant, and that after such service shall have
been made, the garnishee may pay or deliver to the officer or the clerk such
indebtedness or property, and have a receipt therefor, which shall be a
complete discharge from all liability to any party for the amount so paid or
property so delivered. Such notice shall be served in the manner required for
service of a summons in a civil action. Upon such service being made, such
claimant shall be deemed a defendant to the garnishee action, and shall answer
within 20 days, setting forth the claimant’s claim, or any defense which the
garnishee might have made. In case of default, judgment may be rendered which
shall conclude any claim upon the part of such defendant.
[1911 CPA § 238; RL § 5180; NCL § 8736]—(NRS A 1973, 1188)
Notes of Decisions
Cited in 2
cases, 1971–2008 · leading case: Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd.
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd. (2008)
“340 (governing trial); NRS 31.350 (governing interpleader in the “garnishee action” when the garnished property is claimed by a third party); NRS 31.”
Grouse Creek Ranches v. Budget Financial Corp. (1971)
“In answering to the NRS 31.350 motion and order to interplead it as a defendant in the garnishment action, Budget claimed total and absolute right to any and all money and property coming into the possession of Nevada Title.”
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