NRS 31.249
Application to court for writ of garnishment.

1.

No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:

(a)

In the order directing the clerk to issue a writ of attachment; or

(b)

If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.

2.

The plaintiff’s application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee:

(a)

Is the employer of the defendant; or

(b)

Is indebted to or has property in the garnishee’s possession or under the garnishee’s control belonging to the defendant,
Ê and that to the best of the knowledge and belief of the affiant, the defendant’s future wages, the garnishee’s indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the State Controller.

3.

The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.

4.

Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.

5.

If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority.

Source: Section 31.249 — Application to court for writ of garnishment., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec249.

31.240
Writ of garnishment may issue at time of issuance of writ of attachment or later. 31.249
Application to court for writ of garnishment. 31.260
Issuance and contents of writ of garnishment 31.270
Service of writ 31.280
Service and return of writ give court jurisdiction. 31.290
Form of interrogatories to garnishee 31.291
Garnishment of certain financial institutions. 31.292
Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators. 31.293
Unpaid subscription to corporate stock subject to garnishment by creditor of corporation. 31.294
Procedure for garnishment when another action pending. 31.295
Garnishment of earnings: Limitations on amount. 31.296
Garnishment of earnings: Period of garnishment 31.297
Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings. 31.298
Garnishment of earnings: Unlawful to discharge or discipline employee. 31.300
Property to be delivered to sheriff 31.310
Property to be retained by garnishee or delivered to officer 31.320
Judgment against garnishee on failure to answer 31.330
Answer of garnishee 31.340
New matter in plaintiff’s reply deemed denied 31.350
Third person may be interpleaded as defendant 31.360
Garnishee may retain or deduct amounts due to garnishee by either party 31.370
Judgment acquits garnishee for amounts paid. 31.380
Discharge of garnishee does not bar action by defendant 31.390
Judgment against garnishee for debt not due 31.400
Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff. 31.410
Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff. 31.420
Disposal of property received by sheriff 31.450
Issuance of writ of garnishment after judgment 31.460
New trials and appeals. 31.2945
Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act. 31.2955
Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee.
Last Updated

Jun. 24, 2021

§ 31.249’s source at nv​.us