We are currently in phase 1 of Governor Sisolak’s Plan to Reopen Nevada. Nevada Emergency Directive 17, issued by the Governor on April 30, 2020, effectively stays all writ of execution, writ of garnishment, and attachment efforts until the State of Emergency declared on March 12, 2020, is lifted by the State.
In short, this means Courts cannot legally issue writs of execution, garnishment, or attachment to parties to execute on their judgments, even if obtained prior to the pandemic. Additionally, any money or property judgment creditors obtain via execution, garnishment, or attachment efforts after the April 30, 2020 emergency order must be returned to the judgment debtors.
The relevant portions of Directive 17 for this issue are as follows:
Nevada Emergency Directive 17 (April 30, 2020) (brackets added for omissions).
Execution and garnishment efforts relating to judgments are thus at standstill, and the stay will last until the Governor lifts the State of Emergency or until another emergency directive changes the stay imposed by Directive 17. It is hard to say when this will occur.
There may be a rush to the Courts to file or move forward with already filed execution attempts once the State of Emergency is lifted. For this reason, judgment creditors could potentially file their Writ of Execution / Writ of Garnishment / Writ of Attachment now with a specific request that the Court wait until the State of Emergency is lifted to rule on such requests. This might help expedite relief (i.e., get paid faster) once the stay is lifted.
If you have any questions about the stay and how it may affect you as a judgment creditor or as a judgment debtor, please do not hesitate to reach out to discuss your legal options. For example, from a judgment debtor perspective, if a judgment creditor has improperly executed on, garnished, or attached your money or property (especially federal stimulus relief money) after April 30, 2020, then that judgment creditor likely has violated Directive 17 and that money or property should be returned to you.
Drafted by: Colton T. Loretz, Esq.
Mr. Loretz is an associate attorney with Woodburn and Wedge practicing primarily in the business transactions and commercial litigation practice groups. You can reach Colton by email at CLoretz@woodburnandwedge.com or by phone at (775) 688-3001.
Please note that during the COVID-19 pandemic email is the best way to reach me, as our office has transitioned to a remote working environment.