Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 31.296 - Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor1. Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee's answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 180 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.4. The judgment creditor who caused the writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 180 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor's right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. Any subsequent application for writ made by the judgment creditor concerning the same debt must not be approved unless such an accounting and report are submitted with the application.Added to NRS by 1989, 699; A 2011, 1907; 2013, 3811; 2017, 1983Amended by 2017, Ch. 329,§13, eff. 10/1/2017.Amended by 2013, Ch. 553,§11, eff. 6/13/2013.Added to NRS by 1989, 699; A 2011, 1907