Senate Bill No. 212–Committee on Judiciary

February 18, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Authorizes person licensed as process server to serve writ of garnishment. (BDR 3-818)

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; authorizing a licensed process server to serve a writ of garnishment; 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 31.270 is hereby amended to read as follows:

1-2 31.270 1. [The] A writ of garnishment [shall] must be served by the

1-3 sheriff of the county where the garnishee defendant is found, unless the

1-4 court directs otherwise, or by a process server who is licensed pursuant to

1-5 chapter 648 of NRS, in the same manner as provided by rule of court or

1-6 law of this state for the service of a summons in a civil action.

1-7 2. At the time of the service of the writ of garnishment, the garnishee

1-8 [shall] must be paid or tendered by the plaintiff in the action or the [officer]

1-9 person serving the writ a fee of $5, and unless [such] that sum is paid or

1-10 tendered to the garnishee defendant or the person upon whom service is

1-11 made for the garnishee defendant, service shall be deemed incomplete.

1-12 Sec. 2. NRS 31.280 is hereby amended to read as follows:

1-13 31.280 The [sheriff’s] return of the writ of garnishment showing due

1-14 service of the writ of garnishment upon one or more garnishee defendants

1-15 with the payment or tender of the garnishee’s fees [shall give] gives the

1-16 court jurisdiction to proceed against each such garnishee.

1-17 Sec. 3. NRS 31.310 is hereby amended to read as follows:

1-18 31.310 1. Subject to order of the court, a garnishee defendant [,]

1-19 upon whom a writ of garnishment has been duly served [,] shall not pay any

1-20 debt due or to become due to the defendant and [must] shall retain in his

2-1 possession and control, or deliver to the sheriff as provided [herein,] in

2-2 subsection 2, all personal property, effects, goods, chattels, rights, debts,

2-3 credits or choses in action of the defendant.

2-4 2. In all cases the garnishee, upon the filing of his answers to the

2-5 garnishee interrogatories, may deliver to the sheriff [or the officer serving

2-6 the writ] the property belonging to the defendant, together with the money

2-7 due to the defendant, and the sheriff [or officer] shall give the garnishee

2-8 defendant a receipt therefor, and thereupon the garnishee is relieved from

2-9 further liability in the proceedings, unless his answer is successfully

2-10 controverted.

2-11 3. The sheriff [or officer] shall hold [such] the property and money to

2-12 be dealt with as provided in NRS 31.300 and shall, by certificate, make

2-13 return to the court showing the receipt thereof specifically describing [such]

2-14 the money and property and setting forth the date and time of its receipt.

2-15 The certificate [shall form] constitutes a part of the return of the writ of

2-16 garnishment.

2-17 Sec. 4. NRS 31.320 is hereby amended to read as follows:

2-18 31.320 1. If the garnishee has been duly served with the writ of

2-19 garnishment and interrogatories, and been paid or tendered the fee of $5,

2-20 and the fact of such payment or tender is duly certified by the [officer]

2-21 person who served the writ over his official signature, or such fact is made

2-22 to appear by the person serving the writ under oath, but the garnishee fails,

2-23 neglects or refuses to answer the interrogatories within the time required,

2-24 the court shall, upon application therefor by the plaintiff with at least 5

2-25 days’ notice of the hearing upon such application given to each defendant

2-26 who has appeared in the action, enter judgment in favor of the defendant

2-27 for the use of the plaintiff against the garnishee for the value of the

2-28 property or amount of money specified in the writ of garnishment.

2-29 2. On motion and upon such terms as are just, the court may relieve a

2-30 garnishee defendant or his legal representative from any final judgment

2-31 against [such] the garnishee defendant for the same reasons and upon the

2-32 same terms and conditions as provided for by rule of court for relief from a

2-33 judgment or order in civil cases.

2-34 Sec. 5. This act becomes effective upon passage and approval.

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