Assembly Bill No. 62–Assemblyman Anderson
Prefiled February 1, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning
garnishment. (BDR 3‑777)
FISCAL NOTE: Effect on Local Government: 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 garnishment; requiring a garnishee to submit his answers to garnishee
interrogatories to the sheriff; limiting the amount of a judgment by default
that may be rendered against certain garnishees who fail to answer such
interrogatories; 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) Be directed to the garnishee defendant.
1-6 (d) State the name and address of the plaintiff’s attorney, if any,
1-7 otherwise the plaintiff’s
address.
1-8 (e) [Summon] Require each person the court directs, as
garnishees, to
1-9 [appear before the court in which the action is pending by filing] submit
to
1-10 the sheriff an answer to the interrogatories within 20 days after service of
1-11 the writ upon [him.] the person.
1-12 2. The writ of garnishment
must also notify the garnishee defendant
1-13 that, if he fails to answer
the interrogatories, a judgment by default will be
1-14 rendered against him for [the]
:
1-15 (a) The amount demanded in the writ
of garnishment [,]
or the value of
1-16 the property described in
the writ , as the
case may be [,] ; or
1-17 (b) If the garnishment is
pursuant to NRS 31.291, the amount of the
1-18 lien created pursuant to that section,
1-19 which amount or property
must be clearly set forth in the writ of
1-20 garnishment.
2-1 3. Execution on the writ of
garnishment may occur only if the sheriff
2-2 mails a copy of the writ
with a copy of the notice of execution to the
2-3 defendant in the manner and
within the time prescribed in NRS 21.076. In
2-4 the case of a writ of
garnishment that continues for 120 days or until the
2-5 amount demanded in the writ
is satisfied, a copy of the writ and the notice
2-6 of execution need only be mailed
once to the defendant.
2-7 Sec. 2. NRS 31.290 is hereby amended to read as follows:
2-8 31.290 1. The interrogatories to the garnishee may be
in substance as
2-9 follows:
2-10 INTERROGATORIES
2-11 Are you in
any manner indebted to the defendants..................................................
2-12 ..............................................................
2-13 ............................................................. ,
2-14 or either of them, either in
property or money, and is the debt now due? If
2-15 not due, when is the debt to
become due? State fully all particulars.
2-16 Answer:................................................
2-17 ..............................................................
2-18 Are you an employer of one or all of the defendants? If so, state
the
2-19 length of your pay period
and the amount each defendant presently earns
2-20 during a pay period.
2-21 Answer:................................................
2-22 ..............................................................
2-23 Did you have in your possession, in your charge or under your
control,
2-24 on the date the writ of
garnishment was served upon you, any money,
2-25 property, effects, goods,
chattels, rights, credits or choses in action of the
2-26 defendants, or either of
them, or in which ............................is interested? If
2-27 so, state its value, and
state fully all particulars.
2-28 Answer:................................................
2-29 ..............................................................
2-30 Do you know of any debts owing to the defendants, whether due or
not
2-31 due, or any money, property,
effects, goods, chattels, rights, credits or
2-32 choses in action, belonging
to ............... or in which ...........................is
2-33 interested, and now in the
possession or under the control of others? If so,
2-34 state particulars.
2-35 Answer:................................................
2-36 ..............................................................
2-37 State your correct name and address, or the name and address of
your
2-38 attorney upon whom written
notice of further proceedings in this action
2-39 may be served.
2-40 Answer:................................................
2-41 ..............................................................
2-42 ..................
2-43 Garnishee
2-44 I (insert the name of the garnishee), do solemnly swear (or affirm)
that
2-45 the answers to the foregoing
interrogatories by me subscribed are true.
2-46 ..................
2-47 (Signature
of garnishee)
2-48 SUBSCRIBED and SWORN to before me this ........ day of the month of
2-49 ........ of the year
........
3-1 2. The garnishee shall
answer the interrogatories in writing upon oath
3-2 or affirmation and [file]
submit his answers [or cause them to be filed in
3-3 the proper court] to the sheriff within the time required by the
writ. If [he]
3-4 the garnishee fails to do so, he shall be deemed in default.
3-5 Sec. 3. NRS 31.310 is hereby amended to read as follows:
3-6 31.310 1. Subject to order of the court, a garnishee
defendant [,]
3-7 upon whom a writ of
garnishment has been duly served [,]
shall not pay
3-8 any debt due or to become
due to the defendant and [must] shall retain in
3-9 his possession and control,
or deliver to the sheriff as provided herein, all
3-10 personal property, effects,
goods, chattels, rights, debts, credits or choses in
3-11 action of the defendant.
3-12 2. In all cases the
garnishee, upon [the filing of] submitting his
3-13 answers to the garnishee
interrogatories, may deliver to the sheriff or the
3-14 officer serving the writ the
property belonging to the defendant, together
3-15 with the money due to the
defendant, and the sheriff or officer shall give
3-16 the garnishee defendant a
receipt therefor, and thereupon the garnishee is
3-17 relieved from further
liability in the proceedings, unless his answer is
3-18 successfully controverted.
3-19 3. The sheriff or officer
shall hold [such] the property
and money to be
3-20 dealt with as provided in
NRS 31.300 and shall, by certificate, make return
3-21 to the court showing the
receipt thereof specifically describing [such]
the
3-22 money and property and
setting forth the date and time of its receipt. The
3-23 certificate [shall form]
forms a part of the
return of the writ of garnishment.
3-24 Sec. 4. NRS 31.320 is hereby amended to read as follows:
3-25 31.320 1. If the garnishee has been duly served with
the writ of
3-26 garnishment and
interrogatories, and been paid or tendered the fee of $5,
3-27 and the fact of [such]
the payment or
tender is duly certified by the officer
3-28 who served the writ over his
official signature, or [such] that fact
is made
3-29 to appear by the person
serving the writ under oath, but the garnishee fails,
3-30 neglects or refuses to
answer the interrogatories within the time required,
3-31 the court shall, upon
application therefor by the plaintiff with at least 5
3-32 days’ notice of the hearing
upon [such] the application
given to each
3-33 defendant who has appeared
in the action, enter judgment in favor of the
3-34 defendant for the use of the
plaintiff against the garnishee for :
3-35 (a) The value of the property or
amount of money specified in the writ
3-36 of garnishment [.] ; or
3-37 (b) If the garnishment is
pursuant to NRS 31.291, the amount of the
3-38 lien created pursuant to that section.
3-39 2. On motion and upon such
terms as are just, the court may relieve a
3-40 garnishee defendant or his
legal representative from any final judgment
3-41 against [such]
the garnishee
defendant for the same reasons and upon the
3-42 same terms and conditions as
provided for by rule of court for relief from a
3-43 judgment or order in civil
cases.
3-44 H