PocketLaw | Nevada Revised Statutes | Attachment, Garnishment and

Attachment, Garnishment and Other Extraordinary Remedies

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Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

Issuance of writ of attachment after notice and hearing.

Issuance of writ of attachment without notice and hearing.

Affidavit for attachment: Contents.

Procedure when notice and hearing not required.

Procedure when notice and hearing required: Order to show cause.

Procedure when notice and hearing required: Hearing.

Contents of order for attachment.

Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ.

Sheriff to attach and keep property; undertaking by defendant.

Notice of execution on writ of attachment: Service required; form; contents.

Attachment of shares of stock, debts due defendant and other property.

Execution of writ of attachment: Manner in which property is to be attached.

Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff.

Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property.

Examination of person served with copy of writ and defendant; delivery and memoranda of personal property.

Sheriff’s return of writ; certificate.

Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment.

Sale of attached property; proceeds to be deposited in court.

Satisfaction of judgment by sales of attached property.

Deficiency after sale of attached property; sheriff to collect balance as upon an execution.

Plaintiff may prosecute undertaking if execution returned unsatisfied.

Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal.

Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments.

Undertaking of defendant; determination of disputed value of property; justification by sureties.

Grounds for discharge of attachment.

When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits.

Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ.

Constables have powers and duties of sheriff with respect to writ of attachment.

Writ of garnishment may issue at time of issuance of writ of attachment or later.

Application to court for writ of garnishment.

Issuance and contents of writ of garnishment; notice of execution.

Service of writ; tender of garnishee’s fees.

Service and return of writ give court jurisdiction.

Form of interrogatories to garnishee; garnishee to answer in writing under oath.

Garnishment of certain financial institutions.

Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators.

Unpaid subscription to corporate stock subject to garnishment by creditor of corporation.

Procedure for garnishment when another action pending.

Garnishment of earnings: Limitations on amount.

Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor.

Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings.

Garnishment of earnings: Unlawful to discharge or discipline employee.

Property to be delivered to sheriff; sale; judgment against garnishee.

Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property.

Judgment against garnishee on failure to answer; relief from judgment.

Answer of garnishee; reply of plaintiff by affidavit.

New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.

Third person may be interpleaded as defendant; notice; proceedings.

Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed.

Judgment acquits garnishee for amounts paid.

Discharge of garnishee does not bar action by defendant; exception.

Judgment against garnishee for debt not due; execution deferred until debt due.

Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff.

Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff.

Disposal of property received by sheriff; reimbursement of plaintiff.

Issuance of writ of garnishment after judgment; procedure; liberal construction.

New trials and appeals.

Arrest in civil cases.

Cases in which defendant may be arrested.

Order for arrest.

Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit.

Undertaking from plaintiff.

Order and arrest; return of order.

Delivery of affidavit and order to sheriff and defendant.

Arrest of defendant.

Defendant to be discharged on bail or deposit.

Defendant may give bail.

Bail may surrender defendant.

Arrest, delivery and surrender of defendant by bail; exoneration of bail.

Action against bail.

Bail exonerated by death, imprisonment or discharge of defendant.

Return of order; plaintiff may except to bail.

Notice of justification of bail.

Qualifications of bail.

Examination of bail.

Allowance of bail exonerates sheriff.

Deposit by defendant in lieu of bail.

Sheriff must pay deposit into court.

Undertaking may be substituted for deposit.

Disposition of deposit.

Liability of sheriff for escape or rescue.

Recovery on official bond of sheriff.

Defendant may move to vacate arrest or reduce bail; hearing.

Vacation of order of arrest and reduction of bail.

Persons confined on execution issued on judgment may be discharged.

Notice of application for discharge.

Service of notice of application.

Hearing on application.

Oath of defendant on discharge.

Order of discharge.

Renewal of application for discharge.

Effect of discharge; judgment remains in force.

Plaintiff may order discharge of prisoner; effect of discharge.

Creditor to advance money to jailer for support of prisoner.

Delivery may be claimed before answer.

Requisites of affidavit by plaintiff.

Order to show cause; contents; service.

Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff.

Temporary restraining order in lieu of immediate issue of writ of possession.

Hearing on order to show cause; undertaking by plaintiff.

Writ of possession.

Sheriff to take property described in writ; service of writ and undertaking on defendant.

Defendant may except to sufficiency of sureties.

Return of property to defendant upon giving written undertaking.

Justification of defendant’s sureties.

Qualifications of sureties and manner of justification.

Sheriff may take concealed property by force after demand.

Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.

Claim by third party; undertaking by plaintiff; determination of title.

Sheriff to make return within 20 days after taking property.

Section
31.2945

Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act.

Section
31.2955

Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee.