1. If the answer of the garnishee shows that the garnishee has personal property of any kind in his or her possession, or under his or her control, belonging to the defendant, the court, upon application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant.
2. If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under the garnishee’s control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or the garnishee’s attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless the garnishee’s answer shall be successfully controverted as hereinafter provided.
[1911 CPA § 233; RL § 5175; NCL § 8731]—(NRS A 1973, 1186)
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.