o the defendant, the court, upon application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant. 2. If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under his control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or his attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless his answer shall be successfully controverted as hereinafter provided. [1911 CPA § 233; RL § 5175; NCL § 8731]—(NRS A 1973, 1186) NRS 31.310 Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property. 1. Subject to order of the court, a garnishee defendant upon whom a writ of garnishment has been duly served shall not pay any debt due or to become due to the defendant and shall retain in his possession and control, or deliver to the sheriff as provided herein, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant. 2. In all cases the garnishee, upon submitting his answers to the garnishee interrogatories, may deliver to the sheriff or the officer serving the writ the property belonging to the defendant, together with the money due to the defendant, and the sheriff or officer shall give the garnishee defendant a receipt therefor, and thereupon the garnishee is relieved from further liability in the proceedings, unless his answer is successfully controverted. 3. The sheriff or officer shall hold the property and money to be dealt with as provided in NRS 31.300 and shall, by certificate, make return to the court showing the receipt thereof specifically describing the money and property and setting forth the date and time of its receipt. The certificate forms a part of the return of the writ of garnishment. [1911 CPA § 234; RL § 5176; NCL § 8732]—(NRS A 1973, 1186; 2001, 476) NRS 31.320 Judgment against garnishee on failure to answer; relief from judgment. 1. If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of the payment or tender is duly certified by the officer who served the writ over his official signature, or that fact is made to appear by the person serving the writ under oath, but the garnishee fails, neglects or refuses to answer the interrogatories within the time required, the court shall, upon application therefor by the plaintiff with at least 5 days’ notice of the hearing upon the application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for: (a) The value of the property or amount of money specified in the writ of garnishment; or (b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section. 2. On motion and upon such terms as are just, the court may relieve a garnishee defendant or his legal representative from any final judgment against the garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases. [1911 CPA § 235; RL § 5177; NCL § 8733]—(NRS A 1973, 1187; 2001, 476) NRS 31.330 Answer of garnishee; reply of plaintiff by affidavit. If the garnishee answers as required by the writ, the plaintiff may, within 20 days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit traversing the same; the plaintiff may also in his reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff fails to reply within the time aforesaid, he shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly. [1911 CPA § 236; RL § 5178; NCL § 8734]—(NRS A 1973, 1187) NRS 31.340 New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees. New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding is as favorable to the garnishee as his answer, he shall recover costs of the proceeding against the plaintiff, together with a reasonable attorney’s fee, otherwise the plaintiff shall recover costs against the garnishee, together with a reasonable attorney’s fee. [1911 CPA § 237; RL § 5179; NCL § 8735]—(NRS A 1973, 1187) NRS 31.350 Third person may be interpleaded as defendant; notice; proceedings. When the answer of the garnishee discloses that any other person than the defendant claims the indebtedness or property in his hands, and the name and address of such claimant, the court shall, on motion and notice to all parties to the action including the garnishee defendant, order that such claimant be interpleaded as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action, and shall answer within 20 days, setting forth his claim, or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant. [1911 CPA § 238; RL § 5180; NCL § 8736]—(NRS A 1973, 1188) NRS 31.360 Garnishee may retain or deduct amounts due him by either party; record of judgment to show any counterclaims allowed. Every garnishee shall be allowed to retain or deduct out of the property, effects or credits of the defendant in his hands all demands against the plaintiff and all demands against the defendant of which he could have availed himself if he had not been summoned as garnishee, whether the same are at the time due or not, and he shall be liable for the balance, only after all mutual demands between himself and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries; but the verdict or finding as well as the record of the judg

Vegas Law