Writ Of Garnishment

1 WRTG 2 3 4 DISTRICT COURT 5 CLARK COUNTY NEVADA 6 ) 7 ) 8 ) ) 9 Plaintiff(s), ) CASE NO. 10 ) -vs- ) DEPT. NO. 11 ) 12 ) ) 13 ) Defendant(s). ) 14 )15 WRIT OF GARNISHMENT 16 THE STATE OF NEVADA TO: 17 18 ________________________ __________________ _____________ Garnishee 19 You are hereby notified that you are attached as garnishee in the above entitled 20 action and you are commanded not to pay any debt from yourself to _______________ 21 ________________________ __________________ ________________, Defendant(s), 22 23 and that you must retain possession and control of all personal property, money, 24 credits, debts, effects and choses in action of said Defendant(s) in order that the same 25 may be dealt with according to law. Where such property consists of wages, salaries, 26 commissions or bonuses the amount you shall retain shall be in accordance with 15 27 28 U.S. Code 1673 and Nevada Revised Statutes 31.295. Plaintiff believes that you have - 1 - W r it_of_Garnishment/06/04 <<<<<<<<<********>>>>>>>>>>>>> 2 1 property, money, credits, debts, effects and choses in action in your hands and under 2 your custody and control belonging to sa id Defendant(s) described as:______________ 3 ________________________ ___________________________ __________________ 4 YOU ARE REQUIRED within 20 days from the date of service of this Writ of 5 6 Garnishment to answer the interrogatories set forth herein and to return your answers to 7 the office of the Sheriff or Constable which issued the Writ of Garnishment. In case of 8 your failure to answer the interrogatories within 20 days, a Judgment by Default in the 9 amount due the Plaintiff may be entered against you. 10 11 IF YOUR ANSWERS TO the interrogatories indicate that you are the employer of 12 the Defendant(s), this Writ of Garnishment shall be deemed to CONTINUE FOR 120 13 DAYS or until the amount demanded in the attached Writ of Execution is satisfied. 14 YOU ARE FURTHER DIRECTED to forward all funds due to the Defendant(s) 15 each payday in the future, UP TO 120 DAYS, less any amount which is exempt and 16 17 less $3.00 per pay period not to exceed $12.00 per month which you may retain as a 18 fee for compliance. The $3.00 fee does not apply to the first pay period covered by 19 this Writ. 20 YOU ARE FURTHER REQUIRED to serve a copy of your answers to the Writ of 21 Garnishment on Plaintiffs attorney whose address appears below. 22 23 24 Issued at direction of: SHERIFF/CONSTABLE CLARK COUNTY 25 26 ________________________ _______ By: ____________ ______________________ 27 Attorney for Title Date __________________ _____________ 28 Address __________________ _____________ City, State ZIP - 2 - W r it_of_Garnishment/06/04 <<<<<<<<<********>>>>>>>>>>>>> 3 1 STATE OF NEVADA ) ) ss: 2 COUNTY OF CLARK ) 3 The undersigned, being duly sworn, states that I received the within WRIT OF 4 GARNISHMENT on the _____ day of ____________________, 20____ and personally 5 6 served the same on the _____ day of ____________________, 20____ by showing the 7 original WRIT OF GARNISHMENT, informing of the contents and delivering and leaving 8 a copy, along with the statutory fee of $5.00, with ___________________________ at 9 ________________________ __________, County of Clark, State of Nevada. 10 11 12 By:___________________ __________ 13 Title 14 INTERROGATORIES TO BE ANSWERED BY THE GARNISHEE UNDER OATH: 15 1. Are you in any manner indebted to the Defendant(s)_________________________ 16 ________________________ _______________________, or either of them, 17 either in property or money, and is the debt now due? If not due, when is the debt 18 to become due? State fully all particulars: 19 20 ANSWER: ________________________ ____________________ _____________ 21 ________________________ __________________________ _______________ 22 2. Are you an employee of one of the Defendant(s)? If so, state the length of your pay 23 period and the amount each Defendant presently earns during a pay period. 24 ANSWER: ________________________ ____________________ _____________ 25 26 ________________________ _____________________ ____________________ 27 3. Did you have in your possession, in your charge or under your control, on the date 28 the WRIT OF GARNISHMENT was served upon you any money, property, effects, - 3 - W r it_of_Garnishment/06/04 <<<<<<<<<********>>>>>>>>>>>>> 4 1 goods, chattels, rights, credits or choses in the action of the Defendant(s), or either 2 of them, or in which Defendant(s) is/are interested? If so, state its value and 3 4 state fully all particulars. 5 ANSWER: ________________________ ____________________ _____________ 6 ________________________ __________________________ _______________ 7 4. Do you know of any debts owing tothe Defendant(s), whether due or not due, or 8 9 any money, property, effects, goods, chattels, rights, credits or choses in action, 10 belonging to the Defendant(s), or either of them, or in which Defendant(s) is/are11 interested, and now in possession or under the control of others? If so, state 12 particulars. 13 14 ANSWER: ________________________ ____________________ _____________ 15 ________________________ __________________________ _______________ 16 5. State your correct name and address, or the name and address of your attorney 17 upon whom written notice of further proceedings in this action may be se rved. 18 19 ANSWER: ________________________ ____________________ _____________ 20 ________________________ __________________________ _______________ 6. NOTE: If an employer, without legal justification, refuses to withhold the earnings 21 of a Defendant demanded in a WRIT OF GARNISHMENT or knowingly 22 23 misrepresents the earnings of the Defendant(s), the Court shall order the employer 24 to pay the Plaintiff the amount of arrearages caused by the employers refusal to 25 withhold or his misrepresentation of the Defendants earnings. In addition, the 26 Court may order the employer to pay the Plaintiff punitive damages in an amount 27 not to exceed $1,000 for each pay period in which the employer has, without legal 28 - 4 - W r it_of_Garnishment/06/04 <<<<<<<<<********>>>>>>>>>>>>> 5 1 justification, refused to withhold the Defendants earnings or has misrepresented 2 the earnings. 3 __________________ _____________ 4 G arnishee 5 STATE OF NEVADA ) 6 ) ss: COUNTY OF CLARK ) 7 8 I, _______________________________, do solemnly swear (or affirm) that the 9 answers to the foregoing interrogatories subscribed by