Many creditors use garnishments as a means to enforcing their judgments. In a recent Nevada Supreme Court decision, Pacific Western Bank, v. The Eighth Judicial District Court 132 Nev. Adv. Op. 78 (2016), the Court recognized that a garnishment can occur on assets physically residing outside Nevada as long as the garnishee has contacts with Nevada in order to receive the writ. The case involved a Nevada creditor attempting to reach a student savings plan, under the direction of Wells Fargo bank in Nevada where Wells Fargo contracted with an out of state servicer for the student savings plan. The Court also recoginzed that laws should be interpreted broadly to allow for the collection of valid court judgments.
Hayes and Welsh is a top ranked commercial litigation law firm with expertise and experience in creditor’s rights action.