Nevada Writ of Garnishment

Introduction

Key Things to Know

1. 1

   A Nevada writ of garnishment reaches the judgment debtor's money, credits, debts, choses in action and other personal property sitting in a third party's hands, together with earnings an employer has not yet paid out, but it does not reach property the debtor already holds, because NRS 21.120(1) points the writ only at property that is not in the debtor's own possession or control, and it does not reach a safe-deposit box, which NRS 21.027 says needs a separate writ of its own.

2. 2

   After judgment you need no judge. NRS 21.120(1) has the sheriff serve the writ of garnishment in aid of execution on instructions from the creditor and without requiring an order of court. Before judgment the position reverses completely: NRS 31.249(1) bars any writ in aid of attachment except on a court order, applied for by affidavit under subsection 2.

3. 3

   The sheriff issues it, not the clerk. NRS 31.260(1)(a) requires the writ to be issued by the sheriff, and subsection 1(e) routes the garnishee's sworn answer back to the sheriff rather than to the court, so the paper and the money both travel through the sheriff of the county where the garnishee defendant is found (NRS 31.270(1)).

4. 4

   Nevada writes its own ceiling and it bites harder than the federal floor at two points. NRS 31.295(2) allows the least of 18 percent of a workweek's disposable earnings where the debtor's gross weekly salary or wage on the date the most recent writ issued was $770 or less, 25 percent where it exceeded $770, or the amount by which that week's disposable earnings exceed 50 times the federal minimum hourly wage. The federal statute runs on 25 percent and 30 times, so neither federal number answers the Nevada question.

5. 5

   One writ runs 180 days, but only on the garnishee's own say-so. NRS 31.296(1) deems the writ to continue for 180 days or until the amount demanded is satisfied, whichever happens earlier, and only where the answer indicates that the garnishee employs the debtor. NRS 31.296(4) then puts a condition on your next one: prepare a 180-day accounting for the debtor, the sheriff and every garnishee, because a later writ on the same debt must not be approved without it.

6. 6

   Budget three payments, not one. Issuance costs $10 in district court under NRS 19.0302(1)(i) and $25 in justice court under NRS 4.060(1)(f). The garnishee must be paid or tendered $5 at the moment of service or service is incomplete under NRS 31.270(2). And NRS 31.296(2) entitles the garnishee to $3 per pay period, capped at $12 per month, for each withholding after the first pay period.

7. 7

   Domesticate an out-of-state judgment before you garnish, because the penalty here is doubled. NRS 31.2945 lets a Nevada-resident debtor whose earnings come from Nevada employment, or who keeps an account at a Nevada branch, sue a foreign-judgment creditor that obtained a writ without satisfying NRS 17.330 to 17.400, and on winning recover two times every amount paid under the writ, with reasonable attorney's fees and costs mandatory.

Nevada Requirements for Writ of Garnishment

• Sheriff Issues It, No Court Order After Judgment

  NRS 21.120(1) has the sheriff serve a writ of garnishment in aid of execution on instructions from the creditor and without requiring an order of court, and NRS 31.260(1)(a) requires the writ itself to be issued by the sheriff. Before judgment the rule inverts: NRS 31.249(1) permits no writ in aid of attachment except on a court order sought by affidavit.

• No Statewide Form Number, Statutory Contents Instead

  Nevada prescribes no numbered statewide writ-of-garnishment form. NRS 31.260(1) fixes what the writ must contain, including the default-judgment warning in subsection 2, and NRS 31.290(1) sets out the garnishee interrogatories in substance, with a seven-line worksheet for the attachable earnings. Draft to those contents rather than hunting a form number.

• Ceiling: 18 Percent Under $770, 25 Percent Over

  Withholding is capped at the least of 18 percent of the workweek disposable earnings where the debtor gross weekly salary or wage on the date the most recent writ issued was $770 or less, 25 percent where it exceeded $770, or the amount by which that week disposable earnings exceed 50 times the federal minimum hourly wage (NRS 31.295(2)). Tighter than the federal floor on both the percentage and the multiplier, so do not calculate on 25 percent or 30 times.

• Gross Weekly Pay Computed Under NRS 31.2955

  Which percentage applies turns on one computed number. NRS 31.2955 divides the employee gross earnings for the current calendar year, as of the date the most recent writ issued, by the weeks worked that year, with fallbacks to the previous year or to employer-anticipated earnings, and rounds a part week down at 3 excess days or less and up at 4 or more. Support orders, bankruptcy court orders and tax debt sit outside this ceiling entirely (NRS 31.295(3)).

• Garnishee Answers the Sheriff in 20 Days

  NRS 31.260(1)(e) commands each garnishee to submit to the sheriff an answer to the interrogatories within 20 days after the writ is served on that garnishee, in writing and under oath (NRS 31.290(1)). Until then NRS 31.310(1) bars the garnishee from paying any debt due to the judgment debtor and requires it to retain the property or deliver it to the sheriff.

• 180 Days, Then a Mandatory Accounting

  Where the answer indicates the garnishee employs the debtor, NRS 31.296(1) deems the writ to continue 180 days or until the amount demanded is satisfied, whichever is earlier. NRS 31.296(4) then requires the creditor to prepare an accounting and report every 180 days for the debtor, the sheriff and each garnishee, and provides that a later writ on the same debt must not be approved unless it is submitted with the application.

• The $5 Tender That Arms the Default Judgment

  NRS 31.270(2) deems service incomplete unless the garnishee is paid or tendered $5 at the time of service, and NRS 31.320(1) will not enter judgment against a silent garnishee unless the serving officer certified that payment or tender over an official signature. Where it was certified, the court shall enter judgment against the garnishee for the value of the property or amount of money specified in the writ, on application with at least 5 days notice to each appearing defendant.

• Court Sets Priority; Domesticate a Foreign Judgment First

  NRS 31.249(5), amended in the 2025 session, gives the court the job of determining priority and the method of satisfying claims where one garnishee faces more than one writ against the same defendant, except that a child-support writ takes first priority. And under NRS 31.2945 a creditor who garnishes on an out-of-state judgment without satisfying NRS 17.330 to 17.400 can be sued for two times every amount paid under the writ, with attorney fees and costs mandatory on a loss.