Revises provisions relating to writs of garnishment. (BDR 3-416)

- 83rd Session (2025)
Assembly Bill No. 17–Committee on Judiciary

CHAPTER..........

AN ACT relating to writs of garnishment; revising provisions
relating to the service of writs of garnishment where the
named garnishee is the State of Nevada; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a writ of garnishment where the named garnishee is the
State of Nevada to be served upon the State Controller. (NRS 31.249) This bill
replaces the State Controller with the Division of Human Resource Management of
the Department of Administration for purposes of serving such a writ.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 31.249 is hereby amended to read as follows:
31.249 1. No writ of garnishment in aid of attachment may
issue except on order of the court. The court may order the writ of
garnishment to be issued:
(a) In the order directing the clerk to issue a writ of attachment;
or
(b) If the writ of attachment has previously issued without notice
to the defendant and the defendant has not appeared in the action, by
a separate order without notice to the defendant.
2. The plaintiff’s application to the court for an order directing
the issuance of a writ of garnishment must be by affidavit made by
or on behalf of the plaintiff to the effect that the affiant is informed
and believes that the named garnishee:
(a) Is the employer of the defendant; or
(b) Is indebted to or has property in the garnishee’s possession
or under the garnishee’s control belonging to the defendant,
 and that to the best of the knowledge and belief of the affiant,
the defendant’s future wages, t he garnishee’s indebtedness or the
property possessed is not by law exempt from execution. If the
named garnishee is the State of Nevada, the writ of garnishment
must be served upon the [State Controller. ] Division of Human
Resource Management of the Department of Administration.
3. The affidavit by or on behalf of the plaintiff may be
contained in the application for the order directing the writ of
attachment to issue or may be filed and submitted to the court
separately thereafter.

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- 83rd Session (2025)
4. Except as otherw ise provided in this section , the grounds
and procedure for a writ of garnishment are identical to those for a
writ of attachment.
5. If the named garnishee is the subject of more than one writ
of garnishment regarding the defendant, the court shall determine
the priority and method of satisfying the claims, except that any writ
of garnishment to satisfy a judgment for the collection of child
support must be given first priority.
Sec. 2. This act becomes effective upon passage and approval.

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