2022 Nevada Revised Statutes
Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies
NRS 31.290 - Form of interrogatories to garnishee; garnishee to answer in writing under oath.
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 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., 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 18% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or 25% of the disposable earnings from line 3 if the employee’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770.
Answer:..............................................................................................................
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What is the gross weekly salary or wage of the employee? The gross weekly salary or wage of an employee must be determined as follows:
1. Except as otherwise provided in numbers 2 and 3 below, by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.
2. If the most recent writ of garnishment was issued at the beginning of the current calendar year before the employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.
3. If the employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of number 1 or 2 above do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.
For the purpose of determining the total number of weeks the employee has worked in the current calendar year or the total number of weeks the employee worked in the previous calendar year, as applicable, if the total number of weeks is not exact, the number must be rounded down if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 3 days or less, and rounded up if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 4 days or more.
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.
[1911 CPA § 232; RL § 5174; NCL § 8730]—(NRS A 1973, 1183; 1985, 20; 1989, 700, 1142, 1146; 2001, 20, 475; 2011, 1905; 2017, 1980)
