Nevada § 31.300 - Property to be delivered to sheriff; sale; judgment against garnishee

§ 31.300. Property to be delivered to sheriff; sale; judgment against garnishee

1. If the answer of the garnishee shows that the garnishee has personal property of

any kind in his or her possession, or under his or her control, belonging to the defendant,

the court, upon application of the plaintiff with written notice to the garnishee

at the address supplied on the answers to the interrogatories or to the attorney for

the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff,

and if the plaintiff recover judgment against the defendant in the action, such property

or so much thereof as may be necessary shall be sold as upon execution, and the proceeds

applied toward the satisfaction of such judgment, together with the costs of the action

and proceedings, and if there be a surplus of such property, or of the proceeds thereof,

it shall be restored to the defendant. 2. If the answer shows that the garnishee is in possession of money, debts, credits

or choses in action, or has any of such items under the garnishee’s control, or is

in any way indebted to the defendant, then, if the plaintiff recover judgment against

the defendant in the action, the court shall also, upon application of the plaintiff

with written notice to the garnishee or the garnishee’s attorney in the manner provided

in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff

against the garnishee for the amount of the indebtedness, choses in action, debts

or credits admitted in the answer; but the judgment against the garnishee shall not

be for a greater sum than is necessary to satisfy the judgment of the plaintiff against

the defendant, together with costs as aforesaid; and in no case shall the garnishee

be chargeable with costs unless the garnishee’s answer shall be successfully controverted

as hereinafter provided.