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Nevada Revised Statutes (Last Updated: December 24, 2014) |
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TITLE3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS |
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CHAPTER31. Attachment, Garnishment and Other Extraordinary Remedies |
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GARNISHMENT |
NRS31.290. Form of interrogatories to garnishee; garnishee to answer in writing under oath.
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1. The interrogatories to be submitted with any writ of execution, attachment or garnishment to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants..................................
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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:...............................................................................................................
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Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount of disposable earnings, as defined in NRS 31.295, that each defendant presently earns during a pay period. State the minimum amount of disposable earnings that is exempt from this garnishment, which is 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 multiplied by 50 for each week of the pay period, after deducting any amount required by law to be withheld.
Calculate the garnishable amount as follows:
(Check one of the following) The employee is paid:
[A] Weekly: __ [B] Biweekly: __ [C] Semimonthly: __ [D] Monthly: __
(1) Gross Earnings $__________
(2) Deductions required by law (not including child support) _________ $
(3) Disposable Earnings [Subtract line 2 from line 1] $__________
(4) Federal Minimum Wage $__________
(5) Multiply line 4 by 50 $__________
(6) Complete the following directions in accordance with the letter selected above:
[A] Multiply line 5 by 1 $__________
[B] Multiply line 5 by 2 $__________
[C] Multiply line 5 by 52 and then divide by 24 $__________
[D] Multiply line 5 by 52 and then divide by 12 $__________
(7) Subtract line 6 from line 3 $__________
This is the attachable earnings. This amount must not exceed 25% of the disposable earnings from line 3.
Answer:...............................................................................................................
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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:...............................................................................................................
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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:...............................................................................................................
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Are you a financial institution with a personal account held by one or all of the defendants? If so, state the account number and the amount of money in the account which is subject to garnishment. As set forth in NRS 21.105, $2,000 or the entire amount in the account, whichever is less, is not subject to garnishment if the financial institution reasonably identifies that an electronic deposit of money has been made into the account within the immediately preceding 45 days which is exempt from execution, including, without limitation, payments of money described in NRS 21.105 or, if no such deposit has been made, $400 or the entire amount in the account, whichever is less, is not subject to garnishment, unless the garnishment is for the recovery of money owed for the support of any person. The amount which is not subject to garnishment does not apply to each account of the judgment debtor, but rather is an aggregate amount that is not subject to garnishment.
Answer:...............................................................................................................
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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:...............................................................................................................
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Garnishee
I (insert the name of the garnishee), declare under penalty of perjury that the answers to the foregoing interrogatories by me subscribed are true and correct.
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(Signature of garnishee)
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and submit the answers to the sheriff within the time required by the writ. The garnishee shall submit his or her answers to the judgment debtor within the same time. If the garnishee fails to do so, the garnishee shall be deemed in default.