Nevada Revised Statutes

Nev. Rev. Stat. § 31.360 (2026)

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

✓ current as of July 2026

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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: Bd. of Trs. of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc., 724 P.2d 736 (Nev. 1986).

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Bd. of Trs. of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc., 724 P.2d 736 (Nev. 1986). · cites it 4× “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 of…”

Bragunier Masonry Contractors, Inc. v. Catholic Univ. of Am., 796 A.2d 744 (Md. 2002). “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., 197 P.3d 1051 (Nev. 2008). “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. Fed. Deposit Ins. Corp., 899 P.2d 564 (Nev. 1995). · 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 Dep't of Motor Vehs. & Pub. Saf. v. Garcia-Mendoza, 971 P.2d 377 (Nev. 1998). · cites it 3× “Therefore, according to Garcia-Mendoza and the district court, the director of the DMV, as custodian of Pittman’s cash bond, never really had any claims to offset against Garcia-Mendoza’s garnishment of Pittman’s interest in the cash bond.”

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