that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account. 4. No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in NRS 31.045 and in the manner prescribed in NRS 21.076. (Added to NRS by 1973, 1185; A 1985, 21; 1989, 1143; 1995, 107; 1999, 1455) NRS 31.292 Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators. 1. Clerks of the courts, sheriffs, justices of the peace, peace officers and all other officers who may, by virtue of their office, collect or hold money belonging to a defendant and all guardians, attorneys and trustees are subject to garnishment in the same manner and to the same extent as other persons are subject to be garnished. 2. Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment may be rendered against them until a settlement is made of the estate, unless they assent to the legacy or admit assets to pay the amount claimed, or some portion thereof, out of the distributive share of the debtor. (Added to NRS by 1973, 1185) NRS 31.293 Unpaid subscription to corporate stock subject to garnishment by creditor of corporation. Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts. (Added to NRS by 1973, 1185) NRS 31.294 Procedure for garnishment when another action pending. Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the other action, must stay such proceedings against such garnishee until notified that a final judgment has been rendered. Upon such notification the court shall make an appropriate order, according to the judgment, in favor of the defendant for the use of the plaintiff or in favor of the garnishee defendant. The judgment, if rendered against the garnishee, acquits him from all demands by the defendant for all money, property, goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment. (Added to NRS by 1973, 1185) NRS 31.295 Garnishment of earnings: Limitations on amount. 1. As used in this section: (a) “Disposable earnings” means that part of the earnings of any person remaining after the deduction from those earnings of any amounts required by law to be withheld. (b) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor. 2. The maximum amount of the aggregate disposable earnings of a person which are subject to garnishment may not exceed: (a) Twenty-five percent of his disposable earnings for the relevant workweek; or (b) The amount by which his disposable earnings for that week exceed 50 times the federal minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), in effect at the time the earnings are payable, whichever is less. 3. The restrictions of subsection 2 do not apply in the case of: (a) Any order of any court for the support of any person. (b) Any order of any court of bankruptcy. (c) Any debt due for any state or federal tax. 4. Except as otherwise provided in this subsection, the maximum amount of the aggregate disposable earnings of a person for any workweek which are subject to garnishment to enforce any order for the support of any person may not exceed: (a) Fifty percent of his disposable earnings for that week if he is supporting a spouse or child other than the spouse or child for whom the order of support was rendered; or (b) Sixty percent of his disposable earnings for that week if he is not supporting such a spouse or child, except that if the garnishment is to enforce a previous order of support with respect to a period occurring at least 12 weeks before the beginning of the workweek, the limits which apply to the situations described in paragraphs (a) and (b) are 55 percent and 65 percent, respectively. (Added to NRS by 1971, 1499; A 1985, 1430; 2005, 1020) NRS 31.296 Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment. 1. Except as otherwise provided in subsection 3, if the garnishee indicates in his answer to garnishee interrogatories that he is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 120 days or until the amount demanded in the writ is satisfied, whichever occurs earlier. 2. In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished. 3. If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee: (a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment. (b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee. (Added to NRS by 1989, 699) NRS 31.297 Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings. 1. If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misrepresents the earnings of the defendant, the court may order the employer to appear and show cause why he should not be subject to the penalties prescribed in subsection 2. 2. If after a hearing upon the order to show cause, the court determines that an employer, without legal justification, refused to withhold the earnings of a defendant demanded in a writ of garnishment or knowingly misrepresented the earnings of the defendant, the court shall order the employer to pay the plaintiff, if the plaintiff has received a judgment against the defendant, the amount of arrearages caused by the employer’s refusal to withhold or his misrepresentation of the defendant’s earnings. In addition, the court may order the employer to pay the plaintiff punitive damages in an amount not to exceed $1,000 for each pay period in which the employer has, without legal justification, refused to withhold the defendant’s earnings or has misrepresented the earnings. (Added to NRS by 1989, 699) NRS 31.298 Garnishment of earnings: Unlawful to discharge or discipline employee. It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment. (Added to NRS by 1989, 700) NRS 31.300 Property to be delivered to sheriff; sale; judgment against garnishee. 1. If the answer of the garnishee shows that he has personal property of any kind in his possession, or under his control, belonging t

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