NRS 31.320
Judgment against garnishee on failure to answer

  • relief from judgment.

1.

If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of the payment or tender is duly certified by the officer who served the writ over the officer’s official signature, or that fact is made to appear by the person serving the writ under oath, but the garnishee fails, neglects or refuses to answer the interrogatories within the time required, the court shall, upon application therefor by the plaintiff with at least 5 days’ notice of the hearing upon the application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for:

(a)

The value of the property or amount of money specified in the writ of garnishment; or

(b)

If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section.

2.

On motion and upon such terms as are just, the court may relieve a garnishee defendant or the garnishee defendant’s legal representative from any final judgment against the garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases.

Source: Section 31.320 — Judgment against garnishee on failure to answer; relief from judgment., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec320.

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

§ 31.320’s source at nv​.us