SUMMARY--Authorizes person licensed as process server to serve writ of garnishment. (BDR 3-841)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to garnishments; authorizing a person licensed as a process server to serve a writ of garnishment; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 31.270 is hereby amended to read as follows:
31.2701. The writ of garnishment [shall] must be served by the sheriff of the county where the garnishee defendant is found, unless the court directs otherwise, or by a process server licensed pursuant to chapter 648 of NRS, 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] must be paid or tendered by the plaintiff in the action or the [officer] person serving the writ a fee of $5, and unless [such] that 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.
Sec. 2 NRS 31.280 is hereby amended to read as follows:
31.280The [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] gives the court jurisdiction to proceed against each such garnishee.
Sec. 3 NRS 31.310 is hereby amended to read as follows:
31.310 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 [must] shall retain in his possession and control, or deliver to the sheriff as provided [herein,] in subsection 2, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant.
2. In all cases the garnishee, upon the filing of 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 such 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 such money and property and setting forth the date and time of its receipt. The certificate [shall form a] constitutes part of the return of the writ of garnishment.
Sec. 4 NRS 31.320 is hereby amended to read as follows:
31.3201. 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 such payment or tender is duly certified by the [officer] person who served the writ over his official signature, or such 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 such 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 the value of the property or amount of money specified in the writ of garnishment.
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 [such] 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.
Sec. 5 This act becomes effective upon passage and approval.