Assembly Bill No. 77–Committee on Judiciary

(On Behalf of Controller)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Requires that defendant be identified in writ of garnishment by social security number or tax identification number. (BDR 3-663)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to writs of garnishment; requiring that a defendant be identified in a writ of garnishment by his social security number or a tax identification number; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 31.260 is hereby amended to read as follows:

1-2 31.260 1. The writ of garnishment must:

1-3 (a) Be issued by the sheriff.

1-4 (b) Contain the name of the court and the names of the parties.

1-5 (c) Contain the social security number or the tax identification

1-6 number of the defendant.

1-7 (d) Be directed to the garnishee defendant.

1-8 [(d)] (e) State the name and address of the plaintiff’s attorney, if any,

1-9 otherwise the plaintiff’s address.

1-10 [(e)] (f) Summon each person the court directs, as garnishees, to appear

1-11 before the court in which the action is pending by filing an answer to the

1-12 interrogatories within 20 days after service of the writ upon him.

2-1 2. The writ of garnishment must also notify the garnishee defendant

2-2 that, if he fails to answer the interrogatories, a judgment by default will be

2-3 rendered against him for the amount demanded in the writ of garnishment,

2-4 or the value of the property described in the writ as the case may be, which

2-5 amount or property must be clearly set forth in the writ of garnishment.

2-6 3. Execution on the writ of garnishment may occur only if the sheriff

2-7 mails a copy of the writ with a copy of the notice of execution to the

2-8 defendant in the manner and within the time prescribed in NRS 21.076. In

2-9 the case of a writ of garnishment that continues for 120 days or until the

2-10 amount demanded in the writ is satisfied, a copy of the writ and the notice

2-11 of execution need only be mailed once to the defendant.

2-12 Sec. 2. This act becomes effective on July 1, 1999.

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