1. The interrogatories to be submitted with any writ of execution, attachment or garnishment to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants....................................
..........................................................................................................................................
......................................................................................................................................... ,
or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.
Answer:..............................................................................................................
..........................................................................................................................................
Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount of disposable earnings, as defined in NRS 31.295, that each defendant presently earns during a pay period. State the minimum amount of disposable earnings that is exempt from this garnishment, which is the federal minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., in effect at the time the earnings are payable multiplied by 50 for each week of the pay period, after deducting any amount required by law to be withheld.
Calculate the garnishable amount as follows:
(Check one of the following) The employee is paid:
[A] Weekly: __ [B] Biweekly: __ [C] Semimonthly: __ [D] Monthly: __
(1) Gross Earnings $__________
(2) Deductions required by law (not including child support) ________ $
(3) Disposable Earnings [Subtract line 2 from line 1] $__________
(4) Federal Minimum Wage $__________
(5) Multiply line 4 by 50 $__________
(6) Complete the following directions in accordance with the letter selected above:
[A] Multiply line 5 by 1 $__________
[B] Multiply line 5 by 2 $__________
[C] Multiply line 5 by 52 and then divide by 24 $__________
[D] Multiply line 5 by 52 and then divide by 12 $__________
(7) Subtract line 6 from line 3 $__________
This is the attachable earnings. This amount must not exceed 18% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770.
Answer:..............................................................................................................
..........................................................................................................................................
What is the gross weekly salary or wage of the employee? The gross weekly salary or wage of an employee must be determined as follows:
1. Except as otherwise provided in numbers 2 and 3 below, by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.
2. If the most recent writ of garnishment was issued at the beginning of the current calendar year before the employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.
3. If the employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of number 1 or 2 above do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.
For the purpose of determining the total number of weeks the employee has worked in the current calendar year or the total number of weeks the employee worked in the previous calendar year, as applicable, if the total number of weeks is not exact, the number must be rounded down if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 3 days or less, and rounded up if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 4 days or more.
Answer:..............................................................................................................
..........................................................................................................................................
Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................is interested? If so, state its value, and state fully all particulars.
Answer:..............................................................................................................
..........................................................................................................................................
Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ...........................is interested, and now in the possession or under the control of others? If so, state particulars.
Answer:..............................................................................................................
..........................................................................................................................................
Are you a financial institution with a personal account held by one or all of the defendants? If so, state the account number and the amount of money in the account which is subject to garnishment. As set forth in NRS 21.105, $2,000 or the entire amount in the account, whichever is less, is not subject to garnishment if the financial institution reasonably identifies that an electronic deposit of money has been made into the account within the immediately preceding 45 days which is exempt from execution, including, without limitation, payments of money described in NRS 21.105 or, if no such deposit has been made, $400 or the entire amount in the account, whichever is less, is not subject to garnishment, unless the garnishment is for the recovery of money owed for the support of any person. The amount which is not subject to garnishment does not apply to each account of the judgment debtor, but rather is an aggregate amount that is not subject to garnishment.
Answer:..............................................................................................................
..........................................................................................................................................
State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.
Answer:..............................................................................................................
..........................................................................................................................................
.......................................................
Garnishee
I (insert the name of the garnishee), declare under penalty of perjury that the answers to the foregoing interrogatories by me subscribed are true and correct.
.......................................................
(Signature of garnishee)
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and submit the answers to the sheriff within the time required by the writ. The garnishee shall submit his or her answers to the judgment debtor within the same time. If the garnishee fails to do so, the garnishee shall be deemed in default.
[1911 CPA § 232; RL § 5174; NCL § 8730]—(NRS A 1973, 1183; 1985, 20; 1989, 700, 1142, 1146; 2001, 20, 475; 2011, 1905; 2017, 1980)
Structure Nevada Revised Statutes
Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies
NRS 31.013 - Issuance of writ of attachment after notice and hearing.
NRS 31.017 - Issuance of writ of attachment without notice and hearing.
NRS 31.020 - Affidavit for attachment: Contents.
NRS 31.022 - Procedure when notice and hearing not required.
NRS 31.024 - Procedure when notice and hearing required: Order to show cause.
NRS 31.026 - Procedure when notice and hearing required: Hearing.
NRS 31.028 - Contents of order for attachment.
NRS 31.040 - Sheriff to attach and keep property; undertaking by defendant.
NRS 31.045 - Notice of execution on writ of attachment: Service required; form; contents.
NRS 31.050 - Attachment of shares of stock, debts due defendant and other property.
NRS 31.060 - Execution of writ of attachment: Manner in which property is to be attached.
NRS 31.110 - Sheriff’s return of writ; certificate.
NRS 31.130 - Sale of attached property; proceeds to be deposited in court.
NRS 31.140 - Satisfaction of judgment by sales of attached property.
NRS 31.160 - Plaintiff may prosecute undertaking if execution returned unsatisfied.
NRS 31.200 - Grounds for discharge of attachment.
NRS 31.235 - Constables have powers and duties of sheriff with respect to writ of attachment.
NRS 31.240 - Writ of garnishment may issue at time of issuance of writ of attachment or later.
NRS 31.249 - Application to court for writ of garnishment.
NRS 31.260 - Issuance and contents of writ of garnishment; notice of execution.
NRS 31.270 - Service of writ; tender of garnishee’s fees.
NRS 31.280 - Service and return of writ give court jurisdiction.
NRS 31.290 - Form of interrogatories to garnishee; garnishee to answer in writing under oath.
NRS 31.291 - Garnishment of certain financial institutions.
NRS 31.294 - Procedure for garnishment when another action pending.
NRS 31.295 - Garnishment of earnings: Limitations on amount.
NRS 31.298 - Garnishment of earnings: Unlawful to discharge or discipline employee.
NRS 31.300 - Property to be delivered to sheriff; sale; judgment against garnishee.
NRS 31.320 - Judgment against garnishee on failure to answer; relief from judgment.
NRS 31.330 - Answer of garnishee; reply of plaintiff by affidavit.
NRS 31.340 - New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.
NRS 31.350 - Third person may be interpleaded as defendant; notice; proceedings.
NRS 31.370 - Judgment acquits garnishee for amounts paid.
NRS 31.380 - Discharge of garnishee does not bar action by defendant; exception.
NRS 31.390 - Judgment against garnishee for debt not due; execution deferred until debt due.
NRS 31.420 - Disposal of property received by sheriff; reimbursement of plaintiff.
NRS 31.450 - Issuance of writ of garnishment after judgment; procedure; liberal construction.
NRS 31.460 - New trials and appeals.
NRS 31.470 - Arrest in civil cases.
NRS 31.480 - Cases in which defendant may be arrested.
NRS 31.490 - Order for arrest.
NRS 31.510 - Undertaking from plaintiff.
NRS 31.520 - Order and arrest; return of order.
NRS 31.530 - Delivery of affidavit and order to sheriff and defendant.
NRS 31.540 - Arrest of defendant.
NRS 31.550 - Defendant to be discharged on bail or deposit.
NRS 31.560 - Defendant may give bail.
NRS 31.570 - Bail may surrender defendant.
NRS 31.580 - Arrest, delivery and surrender of defendant by bail; exoneration of bail.
NRS 31.590 - Action against bail.
NRS 31.600 - Bail exonerated by death, imprisonment or discharge of defendant.
NRS 31.610 - Return of order; plaintiff may except to bail.
NRS 31.620 - Notice of justification of bail.
NRS 31.630 - Qualifications of bail.
NRS 31.640 - Examination of bail.
NRS 31.650 - Allowance of bail exonerates sheriff.
NRS 31.660 - Deposit by defendant in lieu of bail.
NRS 31.670 - Sheriff must pay deposit into court.
NRS 31.680 - Undertaking may be substituted for deposit.
NRS 31.690 - Disposition of deposit.
NRS 31.700 - Liability of sheriff for escape or rescue.
NRS 31.710 - Recovery on official bond of sheriff.
NRS 31.720 - Defendant may move to vacate arrest or reduce bail; hearing.
NRS 31.730 - Vacation of order of arrest and reduction of bail.
NRS 31.740 - Persons confined on execution issued on judgment may be discharged.
NRS 31.750 - Notice of application for discharge.
NRS 31.760 - Service of notice of application.
NRS 31.770 - Hearing on application.
NRS 31.780 - Oath of defendant on discharge.
NRS 31.790 - Order of discharge.
NRS 31.800 - Renewal of application for discharge.
NRS 31.810 - Effect of discharge; judgment remains in force.
NRS 31.820 - Plaintiff may order discharge of prisoner; effect of discharge.
NRS 31.830 - Creditor to advance money to jailer for support of prisoner.
NRS 31.840 - Delivery may be claimed before answer.
NRS 31.850 - Requisites of affidavit by plaintiff.
NRS 31.853 - Order to show cause; contents; service.
NRS 31.859 - Temporary restraining order in lieu of immediate issue of writ of possession.
NRS 31.863 - Hearing on order to show cause; undertaking by plaintiff.
NRS 31.866 - Writ of possession.
NRS 31.880 - Defendant may except to sufficiency of sureties.
NRS 31.890 - Return of property to defendant upon giving written undertaking.
NRS 31.900 - Justification of defendant’s sureties.
NRS 31.910 - Qualifications of sureties and manner of justification.
NRS 31.920 - Sheriff may take concealed property by force after demand.
NRS 31.930 - Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.
NRS 31.940 - Claim by third party; undertaking by plaintiff; determination of title.
NRS 31.950 - Sheriff to make return within 20 days after taking property.