1. Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 180 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.
2. In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.
3. If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:
(a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.
(b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.
4. The judgment creditor who caused the writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 180 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor’s right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. Any subsequent application for writ made by the judgment creditor concerning the same debt must not be approved unless such an accounting and report are submitted with the application.
(Added to NRS by 1989, 699; A 2011, 1907; 2013, 3811; 2017, 1983)
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.