2005 Nevada Revised Statutes - Chapter 31 — Attachment, Garnishment and Other Extraordinary Remedies
CHAPTER 31 - ATTACHMENT, GARNISHMENT ANDOTHER EXTRAORDINARY REMEDIES
ATTACHMENT
NRS 31.010 Applicationto court for writ of attachment: Timing; requirements when Department ofTaxation has taken over management of local government.
NRS 31.013 Issuanceof writ of attachment after notice and hearing.
NRS 31.017 Issuanceof writ of attachment without notice and hearing.
NRS 31.020 Affidavitfor attachment: Contents.
NRS 31.022 Procedurewhen notice and hearing not required.
NRS 31.024 Procedurewhen notice and hearing required: Order to show cause.
NRS 31.026 Procedurewhen notice and hearing required: Hearing.
NRS 31.028 Contentsof order for attachment.
NRS 31.030 Writtenundertaking on attachment; additional bond; exception to sufficiency ofsureties; vacation of writ.
NRS 31.040 Sheriffto attach and keep property; undertaking by defendant.
NRS 31.045 Noticeof execution on writ of attachment: Service required; form; contents.
NRS 31.050 Attachmentof shares of stock, debts due defendant and other property.
NRS 31.060 Executionof writ of attachment: Manner in which property is to be attached.
NRS 31.065 Depositsby plaintiff of money with sheriff to pay expenses of taking, transporting andkeeping certain personal property; liability of sheriff.
NRS 31.070 Third-partyclaims in property levied on; undertaking by plaintiff; liability of sheriff;exception to sufficiency of sureties; hearing to determine title to property.
NRS 31.100 Examinationof person served with copy of writ and defendant; delivery and memoranda ofpersonal property.
NRS 31.110 Sheriffsreturn of writ; certificate.
NRS 31.120 Saleof attached perishable property; sheriff to retain proceeds and attachedproperty to answer judgment.
NRS 31.130 Saleof attached property; proceeds to be deposited in court.
NRS 31.140 Satisfactionof judgment by sales of attached property.
NRS 31.150 Deficiencyafter sale of attached property; sheriff to collect balance as upon anexecution.
NRS 31.160 Plaintiffmay prosecute undertaking if execution returned unsatisfied.
NRS 31.170 Dischargeof attachment after judgment for defendant or dismissal of action; stay ofrelease pending appeal.
NRS 31.180 Defendant,having appeared in action, may move for discharge of attachment upon givingundertaking; stipulations for release of attachments.
NRS 31.190 Undertakingof defendant; determination of disputed value of property; justification bysureties.
NRS 31.200 Groundsfor discharge of attachment.
NRS 31.210 Whenmotion to discharge attachment made on affidavits, plaintiff may oppose byaffidavits.
NRS 31.220 Improperly,improvidently or irregularly issued writ must be discharged; issuance of newwrit.
GARNISHMENT
NRS 31.240 Writof garnishment may issue at time of issuance of writ of attachment or later.
NRS 31.249 Applicationto court for writ of garnishment.
NRS 31.260 Issuanceand contents of writ of garnishment; notice of execution.
NRS 31.270 Serviceof writ; tender of garnishees fees.
NRS 31.280 Serviceand return of writ give court jurisdiction.
NRS 31.290 Formof interrogatories to garnishee; garnishee to answer in writing under oath.
NRS 31.291 Garnishmentof certain financial institutions.
NRS 31.292 Garnishmentof court clerks, sheriffs, justices of the peace, peace officers, other publicofficers, executors and administrators.
NRS 31.293 Unpaidsubscription to corporate stock subject to garnishment by creditor of corporation.
NRS 31.294 Procedurefor garnishment when another action pending.
NRS 31.295 Garnishmentof earnings: Limitations on amount.
NRS 31.296 Garnishmentof earnings: Period of garnishment; fee for withholding; termination ofemployment.
NRS 31.297 Garnishmentof earnings: Liability of employer for refusal to withhold or formisrepresentation of earnings.
NRS 31.298 Garnishmentof earnings: Unlawful to discharge or discipline employee.
NRS 31.300 Propertyto be delivered to sheriff; sale; judgment against garnishee.
NRS 31.310 Propertyto be retained by garnishee or delivered to officer; effect of delivery;certificate of receipt of property.
NRS 31.320 Judgmentagainst garnishee on failure to answer; relief from judgment.
NRS 31.330 Answerof garnishee; reply of plaintiff by affidavit.
NRS 31.340 Newmatter in plaintiffs reply deemed denied; trial; judgment; costs; attorneysfees.
NRS 31.350 Thirdperson may be interpleaded as defendant; notice; proceedings.
NRS 31.360 Garnisheemay retain or deduct amounts due him by either party; record of judgment toshow any counterclaims allowed.
NRS 31.370 Judgmentacquits garnishee for amounts paid.
NRS 31.380 Dischargeof garnishee does not bar action by defendant; exception.
NRS 31.390 Judgmentagainst garnishee for debt not due; execution deferred until debt due.
NRS 31.400 Propertyin hands of garnishee subject to security interest to be delivered to sheriffon payment or tender by plaintiff.
NRS 31.410 Propertyheld by garnishee to secure performance to be delivered to sheriff uponperformance or tender by plaintiff.
NRS 31.420 Disposalof property received by sheriff; reimbursement of plaintiff.
NRS 31.450 Issuanceof writ of garnishment after judgment; procedure; liberal construction.
NRS 31.460 Newtrials and appeals.
ARREST AND BAIL
NRS 31.470 Arrestin civil cases.
NRS 31.480 Casesin which defendant may be arrested.
NRS 31.490 Orderfor arrest.
NRS 31.500 Orderfor arrest made when plaintiffs affidavit shows a sufficient cause; requisitesand filing of affidavit.
NRS 31.510 Undertakingfrom plaintiff.
NRS 31.520 Orderand arrest; return of order.
NRS 31.530 Deliveryof affidavit and order to sheriff and defendant.
NRS 31.540 Arrestof defendant.
NRS 31.550 Defendantto be discharged on bail or deposit.
NRS 31.560 Defendantmay give bail.
NRS 31.570 Bailmay surrender defendant.
NRS 31.580 Arrest,delivery and surrender of defendant by bail; exoneration of bail.
NRS 31.590 Actionagainst bail.
NRS 31.600 Bailexonerated by death, imprisonment or discharge of defendant.
NRS 31.610 Returnof order; plaintiff may except to bail.
NRS 31.620 Noticeof justification of bail.
NRS 31.630 Qualificationsof bail.
NRS 31.640 Examinationof bail.
NRS 31.650 Allowanceof bail exonerates sheriff.
NRS 31.660 Depositby defendant in lieu of bail.
NRS 31.670 Sheriffmust pay deposit into court.
NRS 31.680 Undertakingmay be substituted for deposit.
NRS 31.690 Dispositionof deposit.
NRS 31.700 Liabilityof sheriff for escape or rescue.
NRS 31.710 Recoveryon official bond of sheriff.
NRS 31.720 Defendantmay move to vacate arrest or reduce bail; hearing.
NRS 31.730 Vacationof order of arrest and reduction of bail.
DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS
NRS 31.740 Personsconfined on execution issued on judgment may be discharged.
NRS 31.750 Noticeof application for discharge.
NRS 31.760 Serviceof notice of application.
NRS 31.770 Hearingon application.
NRS 31.780 Oathof defendant on discharge.
NRS 31.790 Orderof discharge.
NRS 31.800 Renewalof application for discharge.
NRS 31.810 Effectof discharge; judgment remains in force.
NRS 31.820 Plaintiffmay order discharge of prisoner; effect of discharge.
NRS 31.830 Creditorto advance money to jailer for support of prisoner.
CLAIM AND DELIVERY
NRS 31.840 Deliverymay be claimed before answer.
NRS 31.850 Requisitesof affidavit by plaintiff.
NRS 31.853 Orderto show cause; contents; service.
NRS 31.856 Issuanceof writ of possession without hearing; order shortening time for hearing;undertaking by plaintiff.
NRS 31.859 Temporaryrestraining order in lieu of immediate issue of writ of possession.
NRS 31.863 Hearingon order to show cause; undertaking by plaintiff.
NRS 31.866 Writof possession.
NRS 31.870 Sheriffto take property described in writ; service of writ and undertaking ondefendant.
NRS 31.880 Defendantmay except to sufficiency of sureties.
NRS 31.890 Returnof property to defendant upon giving written undertaking.
NRS 31.900 Justificationof defendants sureties.
NRS 31.910 Qualificationsof sureties and manner of justification.
NRS 31.920 Sheriffmay take concealed property by force after demand.
NRS 31.930 Sheriffto keep property in secure place; to deliver upon receipt of fees and expenses.
NRS 31.940 Claimby third party; undertaking by plaintiff; determination of title.
NRS 31.950 Sheriffto make return within 20 days after taking property.
_________
ATTACHMENT
NRS
1. Except as otherwise provided in subsection 2, theplaintiff at the time of issuing the summons, or at any time thereafter, mayapply to the court for an order directing the clerk to issue a writ ofattachment and thereby cause the property of the defendant to be attached assecurity for the satisfaction of any judgment that may be recovered, unless thedefendant gives security to pay such judgment as provided in this chapter.
2. If the Department of Taxation has taken over themanagement of a local government pursuant to the provisions of
[1911 CPA 205; RL 5147; NCL 8703](NRS A 1973,1170; 2005, 1394)
NRS
1. In an action upon a judgment or upon a contract,express or implied, for the direct payment of money:
(a) If the judgment is not a lien upon or the contractis not secured by mortgage, lien or pledge upon real or personal propertysituated in this state; or
(b) If such lien or security has, without any act ofthe plaintiff or the person to whom the security was given, become valueless orinsufficient in value to secure the sum due the plaintiff, in which case theattachment shall issue only for the unsecured portion of the amount due theplaintiff, which is equal to the excess of the amount due the plaintiff abovethe value of the security.
2. In any case where the attachment of the property ofthe defendant is allowed pursuant to this chapter or other provision of law.
3. In any other case where the court finds thatextraordinary circumstances exist which will make it improbable for the plaintiffto reach the property of the defendant by execution after the judgment has beenentered.
(Added to NRS by 1973, 1171)
NRS
1. In an action by a resident of this State against adefendant not residing in this State. For purposes of this subsection only,domestic corporations and foreign corporations who are doing business in thisState and who have qualified to do business in this State as required in
2. In an action upon a foreign judgment for the directpayment of money.
3. In an action for the recovery of the value ofpersonal property, where such personal property is owned by the plaintiff andhas been taken or converted by the defendant without the consent of theplaintiff.
4. In an action by a resident of this State, where thedefendant is about to remove his money or property, or any part thereof, fromthis State, and the defendants property which may remain within this State, ifany, will be insufficient to satisfy plaintiffs claim. For purposes of thissubsection only, a foreign corporation qualified to do business in this Stateas provided in chapter 80 of NRS shall bedeemed a resident of this State.
5. Where the defendant is about to give, assign,hypothecate, pledge, dispose of or conceal his money or property or any partthereof and the defendants money or property remaining in this State or thatremaining unconcealed will be insufficient to satisfy the plaintiffs claim.
6. In an action for the recovery of money or property,or the proceeds thereof, obtained from the plaintiff by the defendant throughembezzlement, forgery, larceny or extortion.
7. In an action brought under
8. In an action by the State, or a politicalsubdivision thereof, brought under chapter 130of NRS.
9. In an action where jurisdiction in this State canonly be obtained by the attachment of the defendants property.
(Added to NRS by 1973, 1172)
NRS
1. All applications to the court for an orderdirecting the clerk to issue a writ of attachment without notice to thedefendant shall be accompanied by the affidavit of the plaintiff or any otherperson having personal knowledge of the facts constituting one or more of thegrounds for attachment, which affidavit or affidavits shall:
(a) Set forth clearly the nature of the plaintiffsclaim for relief and that the same is valid.
(b) Set forth the amount which the affiant believes theplaintiff is entitled to recover from the defendant, and if there is more thanone plaintiff or more than one defendant, the amount the affiant believes eachplaintiff is entitled to recover or the amount that the plaintiff is entitledto recover from each defendant.
(c) Describe in reasonable and clear detail all thefacts which show the existence of any one of the grounds for an attachmentwithout notice to the defendant.
(d) Describe in reasonable detail the money or propertysought to be attached and the location thereof if known.
(e) If the property sought to be attached is other thanmoney, set forth to the best knowledge and information of the affiant, thevalue of such property less any prior liens or encumbrances.
(f) Name all third persons upon whom a writ ofgarnishment in aid of the writ of attachment will be served.
(g) In an action upon a foreign judgment attach a copyof the judgment to the affidavit for attachment as an exhibit.
(h) State whether, to the best information and beliefof the affiant, the money or property sought to be attached is exempt fromexecution.
2. All applications to the court for an orderdirecting the clerk to issue a writ of attachment with notice to the defendantshall be accompanied by an affidavit setting forth the item required bysubsection 1, except that such affidavit may show the existence of any one ofthe grounds for attachment with notice.
[1911 CPA 206; RL 5148; NCL 8704](NRS A 1973,1172)
NRS
1. The plaintiffs affidavit, alone or as supplementedby additional evidence, meets the requirements of subsection 1 of
2. The court determines, specifically, that thereexist one or more grounds for attachment without notice as indicated in suchaffidavit or by additional evidence.
(Added to NRS by 1973, 1173)
NRS
1. Fix the date and time for hearing on the order,which must not be set sooner than 3 days after the service of the order.
2. Direct the time within which service of the ordermust be made upon the defendant or his attorney.
3. Fix the manner in which service of the order mustbe made, which may be by personal service upon the defendant or service uponhis attorney. If such service cannot be made, service may be by publication orin such a manner as the court determines is reasonably calculated to affordnotice to the defendant under the circumstances set forth in the plaintiffsaffidavit.
4. State that the debtor:
(a) Is entitled to certain exemptions, describe thoseexemptions in the manner set forth in subsection 2 of
(b) Has the right to file affidavits on his behalf; and
(c) May appear personally or by way of an attorney, andpresent testimony on his behalf at the time of hearing.
5. State that if the defendant fails to appear heshall be deemed to have waived his right to the hearing and that in such casethe court may order the clerk to issue a writ of attachment.
(Added to NRS by 1973, 1173; A 1989, 1140)
NRS
(Added to NRS by 1973, 1174)
NRS
1. The ground or grounds for attachment relied uponfor the issuance of the order.
2. The facts or reasons why the court believes theground or grounds exist.
3. The fact that the plaintiff has alleged ameritorious claim for relief.
4. The amount for which the attachment will issue.
5. The amount of security which must be given by theplaintiff before the writ will issue.
6. The names of all third persons upon whom writs ofgarnishment in aid of attachment may be served.
7. A description in reasonable detail of the money orproperty to be attached, and, if property, the value of the property based uponthe evidence or affidavits presented to the court. The writ of attachment shalldemand the amount for which attachment will issue, as specified in the order,and the court may order several writs to be issued at the same time to thesheriffs of different counties.
(Added to NRS by 1973, 1175)
NRS
1. The court, in its order for attachment, shallrequire a written undertaking on the part of the plaintiff payable in lawfulmoney of the United States in a sum not less than the amount claimed by theplaintiff or the value of the property to be attached, whichever is less, withtwo or more sureties to the effect that if the plaintiff dismiss such action orif the defendant recover judgment the plaintiff will pay in lawful money of theUnited States all costs that may be awarded to the defendant, and all damageswhich the defendant may sustain by reason of the attachment includingattorneys fees, not exceeding the sum specified in the undertaking. Each ofthe sureties shall annex to the undertaking an affidavit that he is a residentand householder or freeholder within the State, and worth double the sumspecified in the undertaking over and above all his debts and liabilities,exclusive of property exempt from execution. In the case of an attachmentissued with notice to the defendant, or in any case upon showing by thedefendant after notice to the plaintiff, the court may require an additionalbond. No bond may be required of the State or of an officer or agency thereof.
2. Before issuing the writ of attachment the clerkshall require the filing by the plaintiff of the written undertaking requiredby the court pursuant to subsection 1.
3. At any time after the issuing of the attachment,but not later than 5 days after actual notice of the levy thereof, thedefendant may except to the sufficiency of the sureties. If he fails to do so,he is deemed to have waived all objections to them. When excepted to, theplaintiffs sureties, within 5 days from service of written notice ofexception, upon notice to the defendant of not less than 2 nor more than 5days, must justify before the judge, justice, or clerk of the court in whichthe action is pending; and upon failure to justify, or if others in their placefail to justify, at the time and place appointed, the writ of attachment mustbe vacated.
[1911 CPA 207; A 1949, 499; 1943 NCL 8705](NRS A1957, 271; 1965, 1003; 1973, 1174)
NRS
[1911 CPA 208; RL 5150; NCL 8706](NRS A 1973,1175; 1989, 586; 1997, 419)
NRS
1. Execution on the writ of attachment by attachingproperty of the defendant may occur only if:
(a) The judgment creditor serves the defendant withnotice of the execution when the notice of the hearing is served pursuant to
(b) Pursuant to an ex parte hearing, the sheriff servesupon the judgment debtor notice of the execution and a copy of the writ at thesame time and in the same manner as set forth in
If theattachment occurs pursuant to an ex parte hearing, the clerk of the court shallattach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 mustbe substantially in the following form:
NOTICEOF EXECUTION
YOURPROPERTY IS BEING ATTACHED OR
YOURWAGES ARE BEING GARNISHED
Plaintiff,.................... (name of person), alleges that you owe him money. He hasbegun the procedure to collect that money. To secure satisfaction of judgmentthe court has ordered the garnishment of your wages, bank account or otherpersonal property held by third persons or the taking of money or otherproperty in your possession.
Certain benefits and propertyowned by you may be exempt from execution and may not be taken from you. Thefollowing is a partial list of exemptions:
1. Payments receivedpursuant to the federal Social Security Act, including, without limitation,retirement and survivors benefits, supplemental security income benefits anddisability insurance benefits.
2. Payments for benefits orthe return of contributions under the Public Employees Retirement System.
3. Payments for publicassistance granted through the Division of Welfare and Supportive Services ofthe Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy oflife insurance.
5. Payments of benefitsunder a program of industrial insurance.
6. Payments received asdisability, illness or unemployment benefits.
7. Payments received asunemployment compensation.
8. Veterans benefits.
9. A homestead in a dwellingor a mobile home, not to exceed $350,000, unless:
(a) The judgment is for amedical bill, in which case all of the primary dwelling, including a mobile ormanufactured home, may be exempt.
(b) Allodial title has beenestablished and not relinquished for the dwelling or mobile home, in which caseall of the dwelling or mobile home and its appurtenances are exempt, includingthe land on which they are located, unless a valid waiver executed pursuant to
10. A vehicle, if yourequity in the vehicle is less than $15,000.
11. Seventy-five percent ofthe take-home pay for any workweek, unless the weekly take-home pay is lessthan 50 times the federal minimum hourly wage, in which case the entire amountmay be exempt.
12. Money, not to exceed$500,000 in present value, held in:
(a) An individual retirementarrangement which conforms with the applicable limitations and requirements ofsection 408 or 408A of the Internal Revenue Code, 26 U.S.C. 408 and 408A;
(b) A written simplifiedemployee pension plan which conforms with the applicable limitations andrequirements of section 408 of the Internal Revenue Code, 26 U.S.C. 408;
(c) A cash or deferredarrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of astock bonus, pension or profit-sharing plan that is a qualified plan pursuantto sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. 401 et seq.;and
(e) A trust forming part of aqualified tuition program pursuant to chapter353B of NRS, any applicable regulations adopted pursuant to
13. All money and otherbenefits paid pursuant to the order of a court of competent jurisdiction forthe support, education and maintenance of a child, whether collected by thejudgment debtor or the State.
14. All money and otherbenefits paid pursuant to the order of a court of competent jurisdiction forthe support and maintenance of a former spouse, including the amount of anyarrearages in the payment of such support and maintenance to which the formerspouse may be entitled.
15. A vehicle for use by youor your dependent which is specially equipped or modified to provide mobilityfor a person with a permanent disability.
16. A prosthesis or anyequipment prescribed by a physician or dentist for you or your dependent.
17. Payments, in an amountnot to exceed $16,150, received as compensation for personal injury, notincluding compensation for pain and suffering or actual pecuniary loss, by thejudgment debtor or by a person upon whom the judgment debtor is dependent atthe time the payment is received.
18. Payments received ascompensation for the wrongful death of a person upon whom the judgment debtorwas dependent at the time of the wrongful death, to the extent reasonablynecessary for the support of the judgment debtor and any dependent of thejudgment debtor.
19. Payments received ascompensation for the loss of future earnings of the judgment debtor or of aperson upon whom the judgment debtor is dependent at the time the payment isreceived, to the extent reasonably necessary for the support of the judgmentdebtor and any dependent of the judgment debtor.
20. Payments received asrestitution for a criminal act.
These exemptions may not apply in certain cases such as proceedings to enforcea judgment for support of a child or a judgment of foreclosure on a mechanicslien. You should consult an attorney immediately to assist you in determiningwhether your property or money is exempt from execution. If you cannot affordan attorney, you may be eligible for assistance through .................... (nameof organization in county providing legal services to the indigent or elderlypersons).
PROCEDUREFOR CLAIMING EXEMPT PROPERTY
If you believe that the moneyor property taken from you is exempt or necessary for the support of you oryour family, you must file with the clerk of the court on a form provided bythe clerk a notarized affidavit claiming the exemption. A copy of the affidavitmust be served upon the sheriff and the judgment creditor within 8 days afterthe notice of execution is mailed. The property must be returned to you within5 days after you file the affidavit unless the judgment creditor files a motionfor a hearing to determine the issue of exemption. If this happens, a hearingwill be held to determine whether the property or money is exempt. The hearingmust be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THEAFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEYGIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this noticewith a notice of a hearing for attachment and you believe that the money orproperty which would be taken from you by a writ of attachment is exempt ornecessary for the support of you or your family, you are entitled to describeto the court at the hearing why you believe your property is exempt. You mayalso file a motion with the court for a discharge of the writ of attachment.You may make that motion any time before trial. A hearing will be held on thatmotion.
IF YOU DO NOT FILE THE MOTIONBEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THEPLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORTOF YOU OR YOUR FAMILY.
(Added to NRS by 1989, 1139; A 1991, 814, 1415; 1993,2631; 1995, 230; 1997, 269, 3416;
NRS
[1911 CPA 209; RL 5151; NCL 8707](NRS A 1965,914; 1973, 1175)
NRS
1. Real property must be attached by leaving a copy ofthe writ with the occupant of the property or, if there is no occupant, byposting a copy in a conspicuous place on the property and recording the writ,together with a description of the property attached, with the recorder of thecounty.
2. Personal property must be attached:
(a) By taking it into immediate custody, and, ifdirected by the plaintiff, using the services of any company which operates atow car, as defined in NRS 706.131, orcommon motor carrier, as defined in NRS706.036, to transport it for storage in a warehouse or storage yard that isinsured or bonded in an amount not less than the full value of the property; or
(b) By placing a keeper in charge of a going businesswhere the property is located, with the plaintiff prepaying the expense of thekeeper to the sheriff, during which period, the defendant, by order of thecourt or the consent of the plaintiff, may continue to operate in the ordinarycourse of business at his own expense if all sales are for cash and the fullproceeds are paid to the keeper for the purpose of the attachment.
If theproperty is stored pursuant to paragraph (a), the property must be segregatedfrom other property and marked by signs or other appropriate means indicatingthat it is in the custody of the sheriff.
3. Any mobile home, as defined in
(a) Posting a copy of the writ in a conspicuous placeon the mobile home;
(b) Taking it into immediate custody, subject to theprovisions of subsection 2; or
(c) Placing a keeper in charge of the mobile home for 2days, with the plaintiff prepaying the expense of the keeper to the sheriff:
(1) During which period, the defendant maycontinue to occupy the mobile home; and
(2) After which period, the sheriff shall takethe mobile home into his immediate custody, subject to the provisions ofsubsection 2, unless other disposition is made by the court or the parties tothe action.
4. Debts and credits, due or to become due, and otherpersonal property in the possession or under the control of persons other thanthe defendant must be attached by service of a writ of garnishment as providedin NRS 31.240 to
[1911 CPA 210; A 1953, 548](NRS A 1957, 272; 1965,914; 1971, 1500; 1973, 1176; 1989, 462, 586, 605, 1141, 1147; 1997, 419;
NRS
1. In cases where the sheriff is instructed to takeinto possession easily transportable personal property, whether it is to beplaced in a warehouse or storage yard or in the custody of a keeper, thesheriff shall require, as prerequisite to the taking of the property, that inaddition to written instructions the plaintiff or his attorney of recorddeposit with the sheriff a sum of money sufficient to pay the expenses of taking,transporting and keeping safely the property for a period not to exceed 30days.
2. If a further detention of the property is required,the sheriff shall make written demands upon the plaintiff or his attorney forfurther deposits to cover estimated expenses for periods not to exceed 30 dayseach. If the attaching party desires to make a greater deposit he may do so.Such demand must be personally served on the plaintiff or his attorney or leftwith a responsible person or in a proper receptacle at the office or residenceof the plaintiff or his attorney or the demand must be deposited in the postoffice in a sealed envelope, as first-class registered or certified mailpostage prepaid, addressed to the person on whom it is served or his attorneyat his last known office or place of residence.
3. If the money so demanded is not paid, the sheriffshall notify the defendant within 5 days after money for storing and handlingthe property is no longer available and shall release the property to thepersons from whom it was taken. Failure so to notify the defendant imposesliability on the sheriff for the expenses unless sufficient money can beobtained from the plaintiff.
(Added to NRS by 1965, 1226; A 1969, 95; 1973, 1177;1989, 463)
NRS
1. If the property levied on is claimed by a thirdperson as his property by a written claim verified by his oath or that of hisagent, setting out his right to the possession thereof, and served upon thesheriff, the sheriff must release the property if the plaintiff, or the personin whose favor the writ of attachment runs, fails within 7 days after writtendemand to give the sheriff an undertaking executed by at least two good andsufficient sureties in a sum equal to double the value of the property leviedon. If such undertaking be given, the sheriff shall hold the property. Thesheriff, however, shall not be liable for damages to any such third person forthe taking or keeping of such property if no claim is filed by any such thirdparty.
2. Such undertaking shall be made in favor of andshall indemnify such third person against loss, liability, damages, costs andcounsel fees by reason of such seizing, taking, withholding or sale of suchproperty by the sheriff. By entering into such an undertaking the suretiesthereunder submit themselves to the jurisdiction of the court and irrevocablyappoint the clerk of the court as agent upon whom any papers affectingliability on the undertaking may be served. Liability on such undertaking maybe enforced on motion to the court without the necessity of an independent action.The motion and such reasonable notice of the motion as the court prescribes maybe served on the clerk of the court, who shall forthwith mail copies to the suretiesif their addresses are known.
3. Exceptions to the sufficiency of the sureties andtheir justification may be had and taken in the same manner as upon an undertakinggiven in other cases under titles 2 and 3 of NRS. If they, or others in theirplace, fail to justify at the time and place appointed, the sheriff mustrelease the property; but if no exception is taken within 7 days after noticeof receipt of the undertaking, the third person shall be deemed to have waivedany and all objections to the sufficiency of the sureties.
4. The sheriff may demand and exact the undertakingherein provided for notwithstanding any defect, informality or insufficiency ofthe verified claim served upon him.
5. Whenever a verified third-party claim is servedupon the sheriff upon levy of the writ of attachment, the plaintiff or thethird-party claimant is entitled to a hearing within 10 days therefrom beforethe court having jurisdiction of the action, in order to determine title to theproperty in question, which hearing must be granted by the court upon thefiling of an application or petition therefor. Seven days notice of suchhearing must be given to all parties to the action and all parties claiming aninterest in the property, or their attorneys, which notice must specify thatthe hearing is for the purpose of determining title to the property inquestion. The court may continue the hearing beyond the 10-day period, but goodcause must be shown for any such continuance.
[1911 CPA 210 1/2; added 1933, 88; 1931 NCL 8708.01](NRS A 1965, 550; 1973, 1178)
NRS
[1911 CPA 213; RL 5155; NCL 8711](NRS A 1973,1178)
NRS
[1911 CPA 214; RL 5156; NCL 8712](NRS A 1973,1179; 1991, 195)
NRS
[1911 CPA 215; RL 5157; NCL 8713](NRS A 1973,1179)
NRS
[1911 CPA 216; RL 5158; NCL 8714]
NRS
1. By paying to the plaintiff the proceeds of allsales of perishable property sold by him or of any debts or credits collectedby him, or so much as shall be necessary to satisfy the judgment.
2. If any balance remain due, and an execution shallhave been issued on the judgment, he shall sell under the execution so much ofthe property, real or personal, as may be necessary to satisfy the balance, ifenough for that purpose remain in his hands. Notice of the sales shall begiven, and the sales conducted as in other cases of sales on execution.
[1911 CPA 217; RL 5159; NCL 8715]
NRS
[1911 CPA 218; RL 5160; NCL 8716]
NRS
[1911 CPA 219; RL 5161; NCL 8717]
NRS
[1911 CPA 220; A 1913, 30; NCL 8718](NRS A 1973,1179)
NRS
1. Whenever the defendant shall have appeared in theaction, he may apply, upon reasonable notice to the plaintiff, to the court inwhich the action is pending, or to the judge thereof, for an order to dischargethe attachment, wholly or in part, upon the execution and filing of theundertaking mentioned in NRS 31.190.Such order may be granted directing the release from the operation of theattachment, upon the filing of such undertaking and the justification of thesureties thereon, if required by the plaintiff, of all or any part of theproperty, money, debts or credits attached, as the case may be. All theproceeds of sales and moneys collected by the sheriff, and all the propertyattached remaining in his hands, so released, shall be delivered or paid to thedefendant upon the filing of such undertaking and making such justification, ifrequired by the plaintiff.
2. The plaintiff and defendant may stipulate inwriting that the attachment of defendants property may be released wholly orin part. Upon the filing of such a stipulation, the sheriff shall release theproperty pursuant to the stipulation.
[1911 CPA 221; RL 5163; NCL 8719](NRS A 1967,270)
NRS
1. On granting an order for discharge of attachmentpursuant to NRS 31.180, the court or thejudge shall require an undertaking on behalf of the defendant, with at leasttwo sureties, residents and freeholders, or householders, in the county, whichshall be filed:
(a) To the effect, in case the value of the property orthe amount of money, debts, or credits sought to be released equals or exceedsthe demand of the writ, that the defendant will pay to the plaintiff the amountof the judgment which may be recovered in favor of the plaintiff in the actionor the demand of the writ, whichever is less; or
(b) To the effect, in case the value of the property orthe amount of money, debts, or credits sought to be released is less than thedemand of the writ, that the defendant will pay the amount of money, debts orcredits, or value of the property sought to be released, in lawful money of theUnited States.
2. The value of the property sought to be released, ifdisputed, shall be determined by the court or judge thereof, upon proof or by asworn appraiser or sworn appraisers, not exceeding three, to be appointed bythe court or judge for that purpose.
3. Before filing the undertaking, the defendant shallserve a copy thereof upon the plaintiff, and if the plaintiff require ajustification by the sureties, he shall give notice thereof to the defendantwithin 2 days; or at the time of giving notice of motion for an order todischarge the attachment, the defendant may in his notice name the sureties,and if the plaintiff require them to justify he shall give notice thereof atthe hearing of the motion. If required, the sureties shall justify before thecourt in which the suit is pending, or the judge thereof, after reasonablenotice.
[1911 CPA 222; RL 5164; NCL 8720](NRS A 1961,421; 1973, 1180)
NRS
1. The defendant may also, at any time before trial,apply by motion, upon reasonable notice to the plaintiff, to the court in whichthe action is brought or to the judge thereof, for a discharge of the attachment,or the money or property attached through the use of a writ of garnishment, onthe following grounds:
(a) That the writ was improperly or improvidentlyissued.
(b) That the property levied upon is exempt fromexecution or necessary and required by the defendant for the support andmaintenance of himself and the members of his family.
(c) That the levy is excessive.
2. If the court or the judge thereof on the hearing ofsuch motion shall find that any of the grounds stated in subsection 1 exist, theattachment and levy thereof shall be discharged. If the motion is based uponparagraph (c) of subsection 1 only, and the fact is found to exist, thedischarge of attachment shall be only as to the excess.
[1911 CPA 223; A 1921, 4; NCL 8721](NRS A 1973,1180)
NRS
[1911 CPA 224; RL 5166; NCL 8722](NRS A 1973,1181)
NRS
[1911 CPA 225; RL 5167; NCL 8723](NRS A 1973,1181)
GARNISHMENT
NRS
[1911 CPA 227; RL 5169; NCL 8725](NRS A 1973,1181)
NRS
1. No writ of garnishment in aid of attachment mayissue except on order of the court. The court may order the writ of garnishmentto be issued:
(a) In the order directing the clerk to issue a writ ofattachment; or
(b) If the writ of attachment has previously issuedwithout notice to the defendant and the defendant has not appeared in theaction, by a separate order without notice to the defendant.
2. The plaintiffs application to the court for anorder directing the issuance of a writ of garnishment must be by affidavit madeby or on behalf of the plaintiff to the effect that the affiant is informed andbelieves that the named garnishee:
(a) Is the employer of the defendant; or
(b) Is indebted to or has property in his possession orunder his control belonging to the defendant,
and that tothe best of the knowledge and belief of the affiant, the defendants futurewages, the garnishees indebtedness or the property possessed is not by law exemptfrom execution. If the named garnishee is the State of Nevada, the writ ofgarnishment must be served upon the State Controller.
3. The affidavit by or on behalf of the plaintiff maybe contained in the application for the order directing the writ of attachmentto issue or may be filed and submitted to the court separately thereafter.
4. Except as otherwise provided in this section, thegrounds and procedure for a writ of garnishment are identical to those for awrit of attachment.
5. If the named garnishee is the subject of more thanone writ of garnishment regarding the defendant, the court shall determine thepriority and method of satisfying the claims, except that any writ ofgarnishment to satisfy a judgment for the collection of child support must begiven first priority.
(Added to NRS by 1973, 1181; A 1985, 1012; 1989, 700)
NRS
1. The writ of garnishment must:
(a) Be issued by the sheriff.
(b) Contain the name of the court and the names of theparties.
(c) Be directed to the garnishee defendant.
(d) State the name and address of the plaintiffsattorney, if any, otherwise the plaintiffs address.
(e) Require each person the court directs, asgarnishees, to submit to the sheriff an answer to the interrogatories within 20days after service of the writ upon the person.
2. The writ of garnishment must also notify thegarnishee defendant that, if he fails to answer the interrogatories, a judgmentby default will be rendered against him for:
(a) The amount demanded in the writ of garnishment orthe value of the property described in the writ, as the case may be; or
(b) If the garnishment is pursuant to
which amountor property must be clearly set forth in the writ of garnishment.
3. Execution on the writ of garnishment may occur onlyif the sheriff mails a copy of the writ with a copy of the notice of executionto the defendant in the manner and within the time prescribed in
[1911 CPA 229; RL 5171; NCL 8727](NRS A 1973,1182; 1989, 1141; 2001,474)
NRS
1. The writ of garnishment shall be served by thesheriff of the county where the garnishee defendant is found, unless the courtdirects otherwise, in the same manner as provided by rule of court or law ofthis state for the service of a summons in a civil action.
2. At the time of the service of the writ ofgarnishment, the garnishee shall be paid or tendered by the plaintiff in theaction or the officer serving the writ a fee of $5, and unless such sum is paidor tendered to the garnishee defendant or the person upon whom service is madefor the garnishee defendant, service shall be deemed incomplete.
[1911 CPA 230; A 1953, 548](NRS A 1973, 1182)
NRS
[1911 CPA 231; RL 5173; NCL 8729](NRS A 1973,1183)
NRS
1. The interrogatories to the garnishee may be insubstance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants.................................................
.......................................................................................................................................................
...................................................................................................................................................... ,
or either of them, either in property or money, and is thedebt now due? If not due, when is the debt to become due? State fully allparticulars.
Answer:...........................................................................................................................
.......................................................................................................................................................
Are you an employer of one or all of thedefendants? If so, state the length of your pay period and the amount eachdefendant presently earns during a pay period.
Answer:...........................................................................................................................
.......................................................................................................................................................
Did you have in your possession, in your chargeor under your control, on the date the writ of garnishment was served upon you,any money, property, effects, goods, chattels, rights, credits or choses inaction of the defendants, or either of them, or in which............................is interested? If so, state its value, and statefully all particulars.
Answer:...........................................................................................................................
.......................................................................................................................................................
Do you know of any debts owing to thedefendants, whether due or not due, or any money, property, effects, goods,chattels, rights, credits or choses in action, belonging to ............... orin which ...........................is interested, and now in the possession orunder the control of others? If so, state particulars.
Answer:...........................................................................................................................
.......................................................................................................................................................
State your correct name and address, or the nameand address of your attorney upon whom written notice of further proceedings inthis action may be served.
Answer:...........................................................................................................................
.......................................................................................................................................................
.......................................................
Garnishee
I (insert the name of the garnishee), dosolemnly swear (or affirm) that the answers to the foregoing interrogatories byme subscribed are true.
.......................................................
(Signatureof garnishee)
SUBSCRIBED and SWORN to before me this ........day of the month of ........ of the year ........
2. The garnishee shall answer the interrogatories inwriting upon oath or affirmation and submit his answers to the sheriff withinthe time required by the writ. If the garnishee fails to do so, he shall bedeemed in default.
[1911 CPA 232; RL 5174; NCL 8730](NRS A 1973,1183; 1985, 20; 1989, 700, 1142, 1146;
NRS
1. Debts and credits, due or to become due, from abank incorporated under the laws of the State of Nevada or the laws of theUnited States of America, or other personal property held by the bank must begarnished by serving a copy of the writ of garnishment on one of the followingofficers of the bank:
(a) If the bank has no branches, trust department ormilitary facility, on the president, vice president, assistant vice president,cashier, assistant cashier, manager or other managing officer in charge of thebank owing the debts, or having in its possession or under its control thecredits or other personal property.
(b) If the bank has branches or military facilitiesowing the debts or having in its possession or under its control the credits orother personal property, on the vice president, assistant vice president,assistant cashier, manager or other managing officer in charge of the branch orin charge of the military facility. Service on that officer or agentconstitutes a valid levy on any debt, credit or other personal property owingby any branch or military facility of the bank.
(c) If the bank has a trust department owing the debtsor having in its possession or under its control the credits or other personalproperty, on the vice president and trust officer, trust officer, assistanttrust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from acredit union or savings and loan association incorporated under the laws of theState of Nevada or the laws of the United States of America or other personalproperty and choses in action held by the credit union or savings and loanassociation must be garnished by serving the writ of garnishment in the samemanner as upon banks pursuant to subsection 1.
3. A garnishment pursuant to this section creates alien only upon the amounts in the accounts or to the credit of the debtor atthe time of service of the writ of garnishment. An item in the process ofcollection is included in the amount of an account unless the item is returnedunpaid. Money in the accounts that the garnishee has declared under oath and inanswers to interrogatories to be exempt from execution is not included in theamount of the account.
4. No garnishment may occur until the defendant hasbeen served with the notice of execution in substantially the form prescribedin NRS 31.045 and in the mannerprescribed in NRS 21.076.
(Added to NRS by 1973, 1185; A 1985, 21; 1989, 1143;1995, 107; 1999, 1455)
NRS
1. Clerks of the courts, sheriffs, justices of thepeace, peace officers and all other officers who may, by virtue of theiroffice, collect or hold money belonging to a defendant and all guardians,attorneys and trustees are subject to garnishment in the same manner and to thesame extent as other persons are subject to be garnished.
2. Executors and administrators may be garnished fordebts due by the legatees or distributees, but no judgment may be renderedagainst them until a settlement is made of the estate, unless they assent tothe legacy or admit assets to pay the amount claimed, or some portion thereof,out of the distributive share of the debtor.
(Added to NRS by 1973, 1185)
NRS
(Added to NRS by 1973, 1185)
NRS
(Added to NRS by 1973, 1185)
NRS
1. As used in this section:
(a) Disposable earnings means that part of theearnings of any person remaining after the deduction from those earnings of anyamounts required by law to be withheld.
(b) Earnings means compensation paid or payable forpersonal services performed by a judgment debtor in the regular course ofbusiness, including, without limitation, compensation designated as income,wages, tips, a salary, a commission or a bonus. The term includes compensationreceived by a judgment debtor that is in the possession of the judgment debtor,compensation held in accounts maintained in a bank or any other financialinstitution or, in the case of a receivable, compensation that is due thejudgment debtor.
2. The maximum amount of the aggregate disposableearnings of a person which are subject to garnishment may not exceed:
(a) Twenty-five percent of his disposable earnings forthe relevant workweek; or
(b) The amount by which his disposable earnings for thatweek exceed 50 times the federal minimum hourly wage prescribed by section6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. 206(a)(1),in effect at the time the earnings are payable,
whichever isless.
3. The restrictions of subsection 2 do not apply inthe case of:
(a) Any order of any court for the support of anyperson.
(b) Any order of any court of bankruptcy.
(c) Any debt due for any state or federal tax.
4. Except as otherwise provided in this subsection,the maximum amount of the aggregate disposable earnings of a person for anyworkweek which are subject to garnishment to enforce any order for the supportof any person may not exceed:
(a) Fifty percent of his disposable earnings for thatweek if he is supporting a spouse or child other than the spouse or child forwhom the order of support was rendered; or
(b) Sixty percent of his disposable earnings for thatweek if he is not supporting such a spouse or child,
except thatif the garnishment is to enforce a previous order of support with respect to aperiod occurring at least 12 weeks before the beginning of the workweek, thelimits which apply to the situations described in paragraphs (a) and (b) are 55percent and 65 percent, respectively.
(Added to NRS by 1971, 1499; A 1985, 1430;
NRS
1. Except as otherwise provided in subsection 3, ifthe garnishee indicates in his answer to garnishee interrogatories that he isthe employer of the defendant, the writ of garnishment served on the garnisheeshall be deemed to continue for 120 days or until the amount demanded in thewrit is satisfied, whichever occurs earlier.
2. In addition to the fee set forth in
3. If the defendants employment by the garnishee isterminated before the writ of garnishment is satisfied, the garnishee:
(a) Is liable only for the amount of earned but unpaid,disposable earnings that are subject to garnishment.
(b) Shall provide the plaintiff or the plaintiffsattorney with the last known address of the defendant and the name of any newemployer of the defendant, if known by the garnishee.
(Added to NRS by 1989, 699)
NRS
1. If without legal justification an employer of thedefendant refuses to withhold earnings of the defendant demanded in a writ ofgarnishment or knowingly misrepresents the earnings of the defendant, the courtmay order the employer to appear and show cause why he should not be subject tothe penalties prescribed in subsection 2.
2. If after a hearing upon the order to show cause,the court determines that an employer, without legal justification, refused towithhold the earnings of a defendant demanded in a writ of garnishment orknowingly misrepresented the earnings of the defendant, the court shall orderthe employer to pay the plaintiff, if the plaintiff has received a judgmentagainst the defendant,
the amountof arrearages caused by the employers refusal to withhold or his misrepresentationof the defendants earnings. In addition, the court may order the employer topay the plaintiff punitive damages in an amount not to exceed $1,000 for eachpay period in which the employer has, without legal justification, refused towithhold the defendants earnings or has misrepresented the earnings.
(Added to NRS by 1989, 699)
NRS
(Added to NRS by 1989, 700)
NRS
1. If the answer of the garnishee shows that he haspersonal property of any kind in his possession, or under his control,belonging to the defendant, the court, upon application of the plaintiff with writtennotice to the garnishee at the address supplied on the answers to theinterrogatories or to the attorney for the garnishee, shall enter judgment thatthe garnishee deliver the same to the sheriff, and if the plaintiff recoverjudgment against the defendant in the action, such property or so much thereofas may be necessary shall be sold as upon execution, and the proceeds appliedtoward the satisfaction of such judgment, together with the costs of the actionand proceedings, and if there be a surplus of such property, or of the proceedsthereof, it shall be restored to the defendant.
2. If the answer shows that the garnishee is inpossession of money, debts, credits or choses in action, or has any of suchitems under his control, or is in any way indebted to the defendant, then, ifthe plaintiff recover judgment against the defendant in the action, the courtshall also, upon application of the plaintiff with written notice to thegarnishee or his attorney in the manner provided in subsection 1, enterjudgment in favor of the defendant for the use of the plaintiff against thegarnishee for the amount of the indebtedness, choses in action, debts orcredits admitted in the answer; but the judgment against the garnishee shallnot be for a greater sum than is necessary to satisfy the judgment of theplaintiff against the defendant, together with costs as aforesaid; and in nocase shall the garnishee be chargeable with costs unless his answer shall besuccessfully controverted as hereinafter provided.
[1911 CPA 233; RL 5175; NCL 8731](NRS A 1973,1186)
NRS
1. Subject to order of the court, a garnisheedefendant upon whom a writ of garnishment has been duly served shall not payany debt due or to become due to the defendant and shall retain in hispossession and control, or deliver to the sheriff as provided herein, allpersonal property, effects, goods, chattels, rights, debts, credits or chosesin action of the defendant.
2. In all cases the garnishee, upon submitting hisanswers to the garnishee interrogatories, may deliver to the sheriff or theofficer serving the writ the property belonging to the defendant, together withthe money due to the defendant, and the sheriff or officer shall give thegarnishee defendant a receipt therefor, and thereupon the garnishee is relievedfrom further liability in the proceedings, unless his answer is successfullycontroverted.
3. The sheriff or officer shall hold the property andmoney to be dealt with as provided in NRS31.300 and shall, by certificate, make return to the court showing thereceipt thereof specifically describing the money and property and settingforth the date and time of its receipt. The certificate forms a part of thereturn of the writ of garnishment.
[1911 CPA 234; RL 5176; NCL 8732](NRS A 1973,1186; 2001, 476)
NRS
1. If the garnishee has been duly served with the writof garnishment and interrogatories, and been paid or tendered the fee of $5,and the fact of the payment or tender is duly certified by the officer whoserved the writ over his official signature, or that fact is made to appear bythe person serving the writ under oath, but the garnishee fails, neglects orrefuses to answer the interrogatories within the time required, the courtshall, upon application therefor by the plaintiff with at least 5 days noticeof the hearing upon the application given to each defendant who has appeared inthe action, enter judgment in favor of the defendant for the use of theplaintiff against the garnishee for:
(a) The value of the property or amount of moneyspecified in the writ of garnishment; or
(b) If the garnishment is pursuant to
2. On motion and upon such terms as are just, thecourt may relieve a garnishee defendant or his legal representative from anyfinal judgment against the garnishee defendant for the same reasons and uponthe same terms and conditions as provided for by rule of court for relief froma judgment or order in civil cases.
[1911 CPA 235; RL 5177; NCL 8733](NRS A 1973,1187; 2001, 476)
NRS
[1911 CPA 236; RL 5178; NCL 8734](NRS A 1973,1187)
NRS
[1911 CPA 237; RL 5179; NCL 8735](NRS A 1973,1187)
NRS
[1911 CPA 238; RL 5180; NCL 8736](NRS A 1973,1188)
NRS
[1911 CPA 239; RL 5181; NCL 8737]
NRS
[1911 CPA 240; RL 5182; NCL 8738]
NRS
[1911 CPA 241; RL 5183; NCL 8739](NRS A 1973,1188)
NRS
[1911 CPA 242; RL 5184; NCL 8740]
NRS
[1911 CPA 243; RL 5185; NCL 8741](NRS A 1965,915)
NRS
[1911 CPA 244; RL 5186; NCL 8742]
NRS
[1911 CPA 245; RL 5187; NCL 8743]
NRS
[1911 CPA 248; RL 5190; NCL 8746](NRS A 1973,1188)
NRS
[1911 CPA 249; RL 5191; NCL 8747]
ARREST AND BAIL
NRS
[1911 CPA 145; RL 5087; NCL 8643]
NRS
1. In an action for the recovery of money or damageson a cause of action arising upon contract, express or implied, when thedefendant is about to depart from the State with intent to defraud hiscreditors, or when the action is for libel or slander.
2. In an action for a fine or penalty, or for money orproperty embezzled, or fraudulently misapplied or converted to his own use by apublic officer, or an officer of a corporation, or an attorney, factor, broker,agent or clerk in the course of his employment as such or by any other personin a fiduciary capacity, or for misconduct or neglect in office, or inprofessional employment, or for a willful violation of duty.
3. In an action to recover the possession of personalproperty unjustly detained, when the property, or any part thereof, has beenconcealed, removed, or disposed of so that it cannot be found or taken by thesheriff.
4. When the defendant has been guilty of a fraud incontracting the debt or incurring the obligation for which the action isbrought, or in concealing or disposing of the property, for the taking,detention or conversion of which the action is brought.
5. When the defendant has removed or disposed of hisproperty, or is about to do so, with intent to defraud his creditors.
[1911 CPA 146; RL 5088; NCL 8644]
NRS
[1911 CPA 147; RL 5089; NCL 8645]
NRS
[1911 CPA 148; RL 5090; NCL 8646]
NRS
[1911 CPA 149; RL 5091; NCL 8647]
NRS
[1911 CPA 150; RL 5092; NCL 8648]
NRS
[1911 CPA 151; RL 5093; NCL 8649]
NRS
[1911 CPA 152; RL 5094; NCL 8650]
NRS
[1911 CPA 153; RL 5095; NCL 8651]
NRS
[1911 CPA 154; RL 5096; NCL 8652]
NRS
[1911 CPA 155; RL 5097; NCL 8653]
NRS
[1911 CPA 156; RL 5098; NCL 8654]
NRS
[1911 CPA 157; RL 5099; NCL 8655]
NRS
[1911 CPA 158; RL 5100; NCL 8656]
NRS
[1911 CPA 159; RL 5101; NCL 8657]
NRS
[1911 CPA 160; RL 5102; NCL 8658]
NRS
1. Each of them shall be a resident and householder,or freeholder, within the county.
2. Each shall be worth the amount specified in theorder of arrest, or the amount to which the order is reduced, as provided inthis chapter, over and above all his debts and liabilities, exclusive ofproperty exempt from execution; but the judge, or clerk, on justification, mayallow more than two sureties to justify severally in amounts less than thatexpressed in the order, if the whole justification be equivalent to that of twosufficient bail.
[1911 CPA 161; RL 5103; NCL 8659]
NRS
[1911 CPA 162; RL 5104; NCL 8660]
NRS
[1911 CPA 163; RL 5105; NCL 8661]
NRS
[1911 CPA 164; RL 5106; NCL 8662]
NRS
[1911 CPA 165; RL 5107; NCL 8663]
NRS
[1911 CPA 166; RL 5108; NCL 8664]
NRS
[1911 CPA 167; RL 5109; NCL 8665]
NRS
[1911 CPA 168; RL 5110; NCL 8666]
NRS
[1911 CPA 169; RL 5111; NCL 8667]
NRS
[1911 CPA 170; RL 5112; NCL 8668]
NRS
[1911 CPA 171; RL 5113; NCL 8669]
DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS
NRS
[1911 CPA 172; RL 5114; NCL 8670]
NRS
[1911 CPA 173; RL 5115; NCL 8671]
NRS
[1911 CPA 174; RL 5116; NCL 8672]
NRS
[1911 CPA 175; RL 5117; NCL 8673]
NRS
[1911 CPA 176; RL 5118; NCL 8674]
NRS
[1911 CPA 177; RL 5119; NCL 8675]
NRS
[1911 CPA 178; RL 5120; NCL 8676]
NRS
[1911 CPA 179; RL 5121; NCL 8677]
NRS
[1911 CPA 180; RL 5122; NCL 8678]
NRS
[1911 CPA 181; RL 5123; NCL 8679]
CLAIM AND DELIVERY
NRS
[1911 CPA 182; RL 5124; NCL 8680](NRS A 1985,1468; 1987, 1384)
NRS
1. That the plaintiff is the owner of the propertyclaimed (particularly describing it), or is lawfully entitled to the possessionthereof.
2. That the property is wrongfully detained by thedefendant.
3. The alleged cause of the detention thereofaccording to his best knowledge, information and belief.
4. That the same has not been taken for a tax,assessment or fine pursuant to a statute, or seized under an execution or anattachment against the property of the plaintiff, or, if so seized, that it isby statute exempt from such seizure.
5. The actual value of the property.
[1911 CPA 183; RL 5125; NCL 8681](NRS A 1973,1151)
NRS
1. Fix the date and time for the hearing thereon,which shall be no sooner than 10 days from the date of issuance of the order.
2. Inform the defendant that he may file affidavits onhis behalf with the court and may appear and present testimony on his behalf atthe hearing, or that he may, at or prior to such hearing, file with the court awritten undertaking to stay delivery of the property pursuant to
3. Inform the defendant that if he fails to appear,the plaintiff will apply to the court for a writ of possession.
4. Require service of the affidavit and order upon thedefendant, and fix the time and manner within which such service shall be made,which shall be by personal service or in such other manner as the court maydetermine to be reasonably calculated to afford notice of the proceeding to thedefendant under the circumstances appearing from the affidavit.
(Added to NRS by 1973, 1149)
NRS
1. A writ of possession may be issued prior to thehearing provided by NRS 31.853 if theplaintiff, in his affidavit, or by presentation of other evidence establishesreasonable cause to believe the probability of any one of the following:
(a) The defendant gained possession of the property bythe commission of any criminal act forbidden by chapter205 of NRS.
(b) The property possessed by the defendant consists ofone or more negotiable instruments or credit cards.
(c) The property sought to be returned either:
(1) Is perishable, and will perish before anyhearing upon notice can be had; or
(2) By reason of threatened action by theholder, such property is in immediate danger of destruction, serious harm,concealment, removal from this state or sale to an innocent purchaser.
2. Where a writ of possession has been issued prior tohearing under the provisions of this section, the defendant or other personfrom whom possession of such property has been taken may apply to the court foran order shortening the time for hearing on the order to show cause, and thecourt may, upon such application, shorten the time for such hearing, and directthat the matter shall be heard on not less than 48 hours notice to theplaintiff.
3. No writ of possession may issue pursuant to thissection until the plaintiff has filed with the court an approved writtenundertaking as required by NRS 31.863.
(Added to NRS by 1973, 1149)
NRS
(Added to NRS by 1973, 1150)
NRS
1. Upon the hearing on the order to show cause, thecourt shall consider the showing made by the parties appearing, and shall makea preliminary determination which party, with reasonable probability, isentitled to possession, use, and disposition of the property pending finaladjudication of the claims of the parties. If the court determines that theaction is one in which a prejudgment writ of possession should issue, it shalldirect the issuance of such writ.
2. A writ of possession shall not issue until plaintiffhas filed with the court a written undertaking executed by two or moresufficient sureties, approved by the court, to the effect that they are boundto the defendant in double the value of the property, as determined by thecourt, for the return of the property to the defendant if return thereof isordered, and for the payment to him of any sum as may from any cause berecovered against the plaintiff, except that if there is reasonable cause tobelieve that the plaintiff is a secured party, as defined in
(Added to NRS by 1973, 1150)
1. The writ of possession shall be directed to thesheriff within whose jurisdiction the property is located. It shall describethe specific property to be seized, and shall specify the location or locationswhere, as determined by the court from all the evidence, there is probablecause to believe the property or some part thereof will be found. It shalldirect the levying officer to seize it if it is found, and to retain it in hiscustody. There shall be attached to such writ a copy of the written undertakingfiled by the plaintiff, and such writ shall inform the defendant that he hasthe right to except to the sureties upon such undertaking or to file a writtenundertaking for the redelivery of such property, as provided in
2. Upon probable cause shown by further affidavit ordeclaration by plaintiff or someone on his behalf, filed with the court, a writof possession may be endorsed by the court, without further notice, to directthe levying officer to search for the property at another location or locationsand to seize it, if found.
(Added to NRS by 1973, 1150)
NRS
[1911 CPA 185; RL 5127; NCL 8683](NRS A 1973,1151)
NRS
[1911 CPA 186; RL 5128; NCL 8684](NRS A 1973,1151)
NRS
[1911 CPA 187; RL 5129; NCL 8685](NRS A 1973,1152)
NRS
[1911 CPA 188; RL 5130; NCL 8686]
NRS
[1911 CPA 189; RL 5131; NCL 8687]
NRS
[1911 CPA 190; RL 5132; NCL 8688]
NRS
[1911 CPA 191; RL 5133; NCL 8689]
NRS
1. If the property taken is claimed by any otherperson than the defendant or his agent, and such person makes an affidavit ofhis title thereto, or right to possession thereof, stating the grounds of suchtitle or right, and files the affidavit with the court and serves a copy uponthe sheriff, the sheriff is not bound to keep the property or deliver it to theplaintiff, unless the plaintiff, on demand of the sheriff or his agent,indemnifies the sheriff against such claim by an undertaking by two sufficientsureties, accompanied by their affidavits that they are each worth double thevalue of the property, as specified in the affidavit of the plaintiff, over andabove their debts and liabilities, exclusive of property exempt from execution,and are freeholders or householders in the county. No claim to such property byany other person than the defendant or his agent is valid against the sheriffunless so made.
2. The title to such property shall be determined inthe manner provided for in cases of third-party claims after levy under a writof execution or attachment.
[1911 CPA 192; RL 5134; NCL 8690](NRS A 1971,153; 1973, 1152)
NRS
[1911 CPA 193; RL 5135; NCL 8691](NRS A 1973,1152)
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