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Vegas Law

he amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant. [1911 CPA § 229; RL § 5171; NCL § 8727]—(NRS A 1973, 1182; 1989, 1141; 2001, 474) NRS 31.270 Service of writ; tender of garnishee’s fees. 1. 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 by rule of court or law of this state for the service of a summons in a civil action. 2. At the time of the service of the writ of garnishment, the garnishee shall be paid or tendered by the plaintiff in the action 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. [1911 CPA § 230; A 1953, 548]—(NRS A 1973, 1182) NRS 31.280 Service and return of writ give court jurisdiction. The sheriff’s return of the writ of garnishment showing due service of the writ of garnishment upon one or more garnishee defendants with the payment or tender of the garnishee’s fees shall give the court jurisdiction to proceed against each such garnishee. [1911 CPA § 231; RL § 5173; NCL § 8729]—(NRS A 1973, 1183) NRS 31.290 Form of interrogatories to garnishee; garnishee to answer in writing under oath. 1. The interrogatories to the garnishee may be in substance as follows: INTERROGATORIES Are you in any manner indebted to the defendants................................................. ....................................................................................................................................................... ...................................................................................................................................................... , or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars. Answer:........................................................................................................................... ....................................................................................................................................................... Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period. Answer:........................................................................................................................... ....................................................................................................................................................... Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................is interested? If so, state its value, and state fully all particulars. Answer:........................................................................................................................... ....................................................................................................................................................... Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ...........................is interested, and now in the possession or under the control of others? If so, state particulars. Answer:........................................................................................................................... ....................................................................................................................................................... State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served. Answer:........................................................................................................................... ....................................................................................................................................................... ....................................................... Garnishee I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true. ....................................................... (Signature of garnishee) SUBSCRIBED and SWORN to before me this ........ day of the month of ........ of the year ........ 2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and submit his answers to the sheriff within the time required by the writ. If the garnishee fails to do so, he shall be deemed in default. [1911 CPA § 232; RL § 5174; NCL § 8730]—(NRS A 1973, 1183; 1985, 20; 1989, 700, 1142, 1146; 2001, 20, 475) NRS 31.291 Garnishment of certain financial institutions. 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank: (a) 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 personal property. (b) 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 or agent constitutes a valid levy on any debt, credit or other personal property owing by any branch or military facility of the bank. (c) 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. 2. Debts and credits due or to become due from a credit union or savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the credit union or savings and loan association must be garnished by serving the writ of garnishment in the same manner as upon banks pursuant to subsection 1. 3. A garnishment pursuant to this section 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

Vegas Law




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