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

Nev. Rev. Stat. § 31.360

Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed

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NRS 31.360  Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed.  Every garnishee shall be allowed to retain or deduct out of the property, effects or credits of the defendant in the garnishee’s hands all demands against the plaintiff and all demands against the defendant of which the garnishee could have availed himself or herself if the garnishee had not been summoned as garnishee, whether the same are at the time due or not, and the garnishee shall be liable for the balance, only after all mutual demands between the garnishee and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries; but the verdict or finding as well as the record of the judgment shall show in all cases against which party, and the amount thereof, any counterclaim shall be allowed, if any shall be allowed.

      [1911 CPA § 239; RL § 5181; NCL § 8737]

     

Notes of Decisions
Cited in 5 cases, 1986–2008 · leading case: Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc.
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Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc. (1986) nev · cites it 4× “NRS 31.360 (emphasis added) provides a garnishee with a right of setoff as follows: Every garnishee shall be allowed to retain or deduct out of the property, effects or credits of the defendant in his hands all demands against the plaintiff and all demands against the defendant…”
Bragunier Masonry Contractors, Inc. v. Catholic University of America (2002) md “2d 564, 567 (1995) (“Consistent with the principle that a garnishor stands in the shoes of the debtor, NRS 31.360 simply affords a garnishee the right to deduct out of the property of the debtor, prior to payment to the garnishor, all demands against the debt- or.”
Frank Settelmeyer & Sons, Inc. v. Smith & Harmer, Ltd. (2008) nev “350 (governing interpleader in the “garnishee action” when the garnished property is claimed by a third party); NRS 31.360 (allowing for counterclaims). 17 NRS 31.”
Union Bank v. Federal Deposit Ins. Corp. (1995) nev · cites it 4× “2d 623 (1976), and NRS 31.360 2 require that the amount of any surplus be fixed, definite, and absolute at the time of garnishment.”
State Department of Motor Vehicles & Public Safety v. Garcia-Mendoza (1998) nev · cites it 3× “The DMV relies on NRS 31.360, which provides that, even after service of a proper writ of garnishment, the garnishee is entitled to offset any other demands against the judgment debtor’s property, including its own.”
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