21.120 - Garnishment in aid of execution; notice of writ of garnishment; third-party claims. - Nevada Statutes

21.120  Garnishment in aid of execution; notice of writ of garnishment; third-party claims.

      1.  If personal property, including debts or credits due or to become due, is not in the possession or control of the debtor, the sheriff, upon instructions from the creditor and without requiring an order of court, shall serve a writ of garnishment in aid of execution upon the party in whose possession or control the property is found. Notice of the writ of garnishment must be served upon the judgment debtor in the same manner and form and within the time prescribed in NRS 21.075 and 21.076 for property levied upon by writ of execution.

      2.  If any property levied upon by writ of execution or by writ of garnishment in aid of execution is claimed by a third person as his or her property, the same rules prevail as to the contents and making of the claim, as to the holding of the property and as to a hearing to determine title thereto, as in the case of a claim after levy under writ of attachment, as provided for by law.

      [1911 CPA § 347 1/2; added 1933, 88; 1931 NCL § 8845.01]—(NRS A 1977, 482; 1989, 1137)