Nevada Procedural Requirements for Wage Garnishment

[Credit Expert]

Nevada Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor may obtain discovery from any person, including the judgment debtor, in the manner provided in the Rules of Civil Procedure. Nev. R. Civil. P. 69. After the issuing or return of an execution against property of the judgment debtor and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding $50, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a master appointed by him, and answer concerning the same. Nev. Rev. Statute. Ann. _ 21.300.

The judge or master may order any property of the judgment debtor not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward satisfaction of the judgment. Nev. Rev. Statute. Ann. _ 21.320. If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt. The court or judge may, by order, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment. Nev. Rev. Statute. Ann. _ 21.330.

Any person having a judgment remaining unsatisfied in any court of record in the Statutee, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment. Nev. Rev. Statute. Ann. _ 31.450.

The writ of garnishment must be issued by the sheriff, contain the name of the court and the names of the parties, be directed to the garnishee defendant, Statutee the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and summon each garnishee to appear before the court in which the judgment was rendered by filing an answer to the interrogatories within 20 days after service of the writ. The writ of garnishment must also notify the garnishee defendant that, if he fails to answer the interrogatories, a judgment by default will be rendered against him for the amount demanded in the writ, or the value of the property described in the writ as the case may be, which amount or property must be clearly set forth in the writ. Execution of the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in _ 21.076 (regular mail at his last known address, or if he is represented by an attorney, at the attorney's office). Nev. Rev. Statute. Ann. _ 31.260.

The writ of garnishment shall be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, in the same manner as provided for service of summons in a civil action. At the time of service of the writ of garnishment, the garnishee shall be paid or tendered by the judgment creditor or the officer serving the writ a fee of $5, and unless such sum is paid or tendered to the garnishee defendant or the person upon whom service is made for the garnishee defendant, service shall be deemed incomplete. Nev. Rev. Statute. Ann. _ 31.270.

Debts and credits, due or to become due, from a bank incorporated under the laws of the Statutee of Nevada or the laws of the United Statutees of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one or more of the following officers of the bank: If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other property. If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer does not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility. If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.

Savings and loan associations must be served in the same manner as banks. A garnishment of these financial institutions creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account. No garnishment may occur until the judgment debtor has been served with the notice of execution in the manner prescribed by _ 21.076 (regular mail at his last known address, or if he is represented by an attorney, at the attorney's office). Nev. Rev. Statute. Ann. _ 31.291.

Subject to order of the court, a garnishee defendant, upon whom a writ of garnishment has been duly served, shall not pay any debt due or to become due to the defendant and must retain in his possession and control, or deliver to the sheriff, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant. Nev. Rev. Statute. Ann. _ 31.310.

Interest Rate at which Judgments Accrue

When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest only from the time of the entry of the judgment until satisfied, at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent.

The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied. Nev. Rev. Statute. Ann. _ 17.130. Applicable Forms Interrogatories, Nev. Rev. Statute. Ann. _ 31.290. Notice of Execution, Nev. Rev. Statute. Ann. _ 31.045.