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 31.010 Applicationto court for writ of attachment: Timing; requirements when Department ofTaxation has taken over management of local government.

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 NRS 354.686, and if a plaintiff is allowedby law to apply to a court for an order directing the clerk to issue a writ ofattachment, the plaintiff must comply with the applicable provisions of NRS 354.701 before applying for such anorder.

[1911 CPA 205; RL 5147; NCL 8703](NRS A 1973,1170; 2005, 1394)

NRS 31.013 Issuanceof writ of attachment after notice and hearing. Thecourt may after notice and hearing, order the clerk to issue a writ ofattachment in the following cases:

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 31.017 Issuanceof writ of attachment without notice and hearing. Thecourt may order the writ of attachment issued without notice to the defendantonly in the following cases:

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 chapter 80 of NRS shall be deemed residents ofthis State. Alien corporations and foreign corporations who have not qualifiedto do business shall be deemed nonresidents.

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 chapter 112 of NRS.

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 31.020 Affidavitfor attachment: Contents.

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 31.022 Procedurewhen notice and hearing not required. Thecourt shall, without delay, examine the plaintiffs application and affidavitand receive additional evidence if necessary, and shall order the clerk toissue a writ of attachment without notice to the defendant if:

1. The plaintiffs affidavit, alone or as supplementedby additional evidence, meets the requirements of subsection 1 of NRS 31.020; and

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 31.024 Procedurewhen notice and hearing required: Order to show cause.If the plaintiffs application is for an order directing the clerk toissue a writ of attachment after notice and hearing, and the plaintiffsaffidavit, alone or as supplemented by additional evidence received by thecourt, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an orderdirected to the debtor to show cause why the order for attachment should not beissued. The order must:

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 NRS 31.045 and explain that he may claim anexemption if it appears that exempt property may be seized;

(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 31.026 Procedurewhen notice and hearing required: Hearing. Ahearing on the order to show cause shall be conducted by the court without ajury. The court at such hearing shall consider all affidavits, testimony andother evidence presented and shall make a determination of the probablevalidity of the plaintiffs underlying claim against the defendant. If thecourt determines such claim is probably valid it shall order the clerk to issuea writ of attachment.

(Added to NRS by 1973, 1174)

NRS 31.028 Contentsof order for attachment. The court or judge issuingany order for attachment with or without notice shall set forth in the order:

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 31.030 Writtenundertaking on attachment; additional bond; exception to sufficiency ofsureties; vacation of writ.

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 31.040 Sheriffto attach and keep property; undertaking by defendant.The writ must be directed to the sheriff of any county in whichproperty of the defendant may be and require him to attach and keep safely allthe money or property of the defendant described in the order for attachmentwithin his county not exempt from execution, or so much thereof as issufficient to satisfy the amount demanded by the writ of attachment, whicheveris less, unless the defendant gives him security by the undertaking of at leasttwo sufficient sureties in an amount equal to the amount demanded by the writor the value of the property levied upon, whichever is less, apart from costs,in lawful money of the United States, in which case the writ must require thesheriff to take such an undertaking.

[1911 CPA 208; RL 5150; NCL 8706](NRS A 1973,1175; 1989, 586; 1997, 419)

NRS 31.045 Noticeof execution on writ of attachment: Service required; form; contents.

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 NRS 31.013; or

(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 NRS 21.076.

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 NRS 115.010 is applicable to the judgment.

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 chapter 353B of NRS and section 529 of theInternal Revenue Code, 26 U.S.C. 529, unless the money is deposited after theentry of a judgment against the purchaser or account owner or the money willnot be used by any beneficiary to attend a college or university.

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; 2003, 1014, 1816; 2005, 387, 1017, 2233)

NRS 31.050 Attachmentof shares of stock, debts due defendant and other property. Subject to the order for attachment and the provisions of chapter 104 of NRS, the right of shares which thedefendant may have in the stock of any corporation or company, together withthe interest and profits therein, and all debts due such defendant, and allother property in this State of such defendant not exempt from execution, maybe attached, and if judgment be recovered, be sold to satisfy the judgment andexecution.

[1911 CPA 209; RL 5151; NCL 8707](NRS A 1965,914; 1973, 1175)

NRS 31.060 Executionof writ of attachment: Manner in which property is to be attached. Subject to the requirements of NRS 31.045, the sheriff to whom the writ isdirected and delivered shall execute it without delay, and if the undertakingmentioned in NRS 31.040 is not given, asfollows:

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 NRS 40.215, must be attached by:

(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 31.460, inclusive.

[1911 CPA 210; A 1953, 548](NRS A 1957, 272; 1965,914; 1971, 1500; 1973, 1176; 1989, 462, 586, 605, 1141, 1147; 1997, 419; 2001, 1749)

NRS 31.065 Depositsby plaintiff of money with sheriff to pay expenses of taking, transporting andkeeping certain personal property; liability of sheriff.

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 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.

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 31.100 Examinationof person served with copy of writ and defendant; delivery and memoranda ofpersonal property. After the writ has beenissued, any person owing debts to the defendant or having in his possession orunder his control any credits or other personal property belonging to thedefendant, may, by subpoena, be required to give his deposition or attendbefore the court, or judge, or a master appointed by the court or judge, and beexamined on oath respecting the same. After the writ has been issued, thedefendant may also be required to give his deposition or attend for the purposeof giving information respecting his property, and may be examined on oath. Thecourt or judge may, after such examination, order personal property capable ofmanual delivery to be delivered to the sheriff on such terms as may be just,having reference to any liens thereon or claims against the same, and amemorandum to be given of all other personal property, containing the amountand description thereof.

[1911 CPA 213; RL 5155; NCL 8711](NRS A 1973,1178)

NRS 31.110 Sheriffsreturn of writ; certificate. The sheriff shallreturn the writ of attachment within 25 days after its receipt, with acertificate of his proceeding endorsed thereon or attached thereto. Thecertificate must contain the date, time and place of each levy upon real orpersonal property, a full inventory of the personal property attached, adescription of all real property attached, and the date, time and place whereeach writ of garnishment was served. The sheriff shall also attach to the writof attachment a true and correct copy of each writ of garnishment served.

[1911 CPA 214; RL 5156; NCL 8712](NRS A 1973,1179; 1991, 195)

NRS 31.120 Saleof attached perishable property; sheriff to retain proceeds and attachedproperty to answer judgment. If any of theproperty attached is perishable, the sheriff shall sell it in the mannerprescribed by the court. The proceeds and other property attached by him shallbe retained by him to answer any judgment that may be recovered in the action,unless sooner subject to execution upon another judgment recovered previous tothe issuing of the attachment. Debts and credits attached may be collected byhim, if the same can be done without suit. The sheriffs receipt shall be asufficient discharge for the amount paid.

[1911 CPA 215; RL 5157; NCL 8713](NRS A 1973,1179)

NRS 31.130 Saleof attached property; proceeds to be deposited in court. Whenever property has been taken by an officer under awrit of attachment, and it is made to appear satisfactorily to the court, or ajudge thereof, that the interest of the parties to the action will be subservedby a sale thereof, the court or judge may order such property to be sold in thesame manner as property is sold under an execution, and the proceeds to bedeposited in the court to abide the judgment of the action. Such order can bemade only upon notice to the adverse party or his attorney.

[1911 CPA 216; RL 5158; NCL 8714]

NRS 31.140 Satisfactionof judgment by sales of attached property. Ifjudgment be recovered by the plaintiff, the sheriff shall satisfy the same outof the property attached by him which has not been delivered to the defendantor a claimant, as hereinafter provided, or subjected to execution on anotherjudgment recovered previous to the issuing of the attachment, if it besufficient for that purpose:

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 31.150 Deficiencyafter sale of attached property; sheriff to collect balance as upon anexecution. If, after selling all the propertyattached by him remaining in his hands, and applying the proceeds, togetherwith the proceeds of any debts or credits collected by him, deducting the fees,to the payment of the judgment, any balance shall remain due, the sheriff shallproceed to collect such balance as upon an execution in other cases. Wheneverthe judgment shall have been paid, the sheriff, upon reasonable demand, shall deliverover to the defendant the attached property remaining in his hands, and anyproceeds of the property attached unapplied on the judgment.

[1911 CPA 218; RL 5160; NCL 8716]

NRS 31.160 Plaintiffmay prosecute undertaking if execution returned unsatisfied. If the execution be returned unsatisfied, in whole or inpart, the plaintiff may prosecute any undertaking given pursuant to NRS 31.040 or 31.190, or he may proceed as in other casesupon the return of an execution.

[1911 CPA 219; RL 5161; NCL 8717]

NRS 31.170 Dischargeof attachment after judgment for defendant or dismissal of action; stay ofrelease pending appeal. If the defendantrecovers judgment against the plaintiff, or if the claim for relief upon whichthe attachment is based is dismissed, then any undertaking received in the action,all the proceeds of sales and money collected by the sheriff, and all theproperty attached remaining in the sheriffs hands, shall be delivered to thedefendant or his agent, and the order of attachment shall be discharged and theproperty released therefrom; but if an appeal is taken from an order dissolvingor discharging the attachment, from a final judgment in favor of the defendantor from an order dismissing the claim for relief upon which the attachment isbased, the court may, upon such terms as are just, stay or enjoin the releaseby the sheriff and the dissolution of the writ pending the appeal.

[1911 CPA 220; A 1913, 30; NCL 8718](NRS A 1973,1179)

NRS 31.180 Defendant,having appeared in action, may move for discharge of attachment upon givingundertaking; stipulations for release of attachments.

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 31.190 Undertakingof defendant; determination of disputed value of property; justification bysureties.

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 31.200 Groundsfor discharge of attachment.

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 31.210 Whenmotion to discharge attachment made on affidavits, plaintiff may oppose byaffidavits. If the motion is made uponaffidavits on the part of the defendant, the plaintiff may oppose it byaffidavits or other evidence, in addition to those on which the writ ofattachment was issued.

[1911 CPA 224; RL 5166; NCL 8722](NRS A 1973,1181)

NRS 31.220 Improperly,improvidently or irregularly issued writ must be discharged; issuance of newwrit. If upon such application itsatisfactorily appears that the writ of attachment was improperly,improvidently or irregularly issued, it must be discharged; but the release ofthe property shall not be ordered if, at or before the hearing on suchapplication, the court orders a new writ to be issued as provided in NRS 31.024 and 31.026, in which case the sheriff shallrelevy upon the property under the new writ.

[1911 CPA 225; RL 5167; NCL 8723](NRS A 1973,1181)

GARNISHMENT

NRS 31.240 Writof garnishment may issue at time of issuance of writ of attachment or later. At the time of the order directing a writ of attachment toissue or at any time thereafter, the court may order that a writ of garnishmentissue, and thereupon cause the money, credits, effects, debts, choses in actionand other personal property of the defendant in the possession or under thecontrol of any third person to be attached as security for any judgment theplaintiff may recover in the action against the defendant.

[1911 CPA 227; RL 5169; NCL 8725](NRS A 1973,1181)

NRS 31.249 Applicationto court for writ of garnishment.

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 31.260 Issuanceand contents of writ of garnishment; notice of execution.

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 NRS 31.291, the amount of the lien createdpursuant to that section,

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 NRS 21.076. In the case of a writ ofgarnishment that continues for 120 days or until the amount demanded in thewrit is satisfied, a copy of the writ and the notice of execution need only bemailed once to the defendant.

[1911 CPA 229; RL 5171; NCL 8727](NRS A 1973,1182; 1989, 1141; 2001,474)

NRS 31.270 Serviceof writ; tender of garnishees fees.

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 31.280 Serviceand return of writ give court jurisdiction. Thesheriffs return of the writ of garnishment showing due service of the writ ofgarnishment upon one or more garnishee defendants with the payment or tender ofthe garnishees fees shall give the court jurisdiction to proceed against eachsuch garnishee.

[1911 CPA 231; RL 5173; NCL 8729](NRS A 1973,1183)

NRS 31.290 Formof interrogatories to garnishee; garnishee to answer in writing under oath.

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; 2001, 20, 475)

NRS 31.291 Garnishmentof certain financial institutions.

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 31.292 Garnishmentof court clerks, sheriffs, justices of the peace, peace officers, other publicofficers, executors and administrators.

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 31.293 Unpaidsubscription to corporate stock subject to garnishment by creditor ofcorporation. Any creditor of a corporationmay, by garnishment, subject the unpaid subscription of any stockholder in suchcorporation to the payment of its debts.

(Added to NRS by 1973, 1185)

NRS 31.294 Procedurefor garnishment when another action pending. Money,property, demands, debts, claims, choses in action and any other property whichis subject to garnishment may be reached and subjected even though another actionis pending thereon. If the other action is not pending in the court from whichthe garnishment issues, the court, on proof by the garnishee of the pendency ofthe other action, must stay such proceedings against such garnishee untilnotified that a final judgment has been rendered. Upon such notification thecourt shall make an appropriate order, according to the judgment, in favor ofthe defendant for the use of the plaintiff or in favor of the garnisheedefendant. The judgment, if rendered against the garnishee, acquits him fromall demands by the defendant for all money, property, goods, effects andcredits paid, delivered or accounted for by the garnishee by force of suchjudgment.

(Added to NRS by 1973, 1185)

NRS 31.295 Garnishmentof earnings: Limitations on amount.

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; 2005, 1020)

NRS 31.296 Garnishmentof earnings: Period of garnishment; fee for withholding; termination ofemployment.

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 NRS 31.270, a garnishee is entitled to afee from the plaintiff of $3 per pay period, not to exceed $12 per month, foreach withholding made of the defendants earnings. This subsection does notapply to the first pay period in which the defendants earnings are garnished.

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 31.297 Garnishmentof earnings: Liability of employer for refusal to withhold or formisrepresentation of earnings.

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 31.298 Garnishmentof earnings: Unlawful to discharge or discipline employee. It is unlawful for an employer to discharge or disciplinean employee exclusively because the employer is required to withhold theemployees earnings pursuant to a writ of garnishment.

(Added to NRS by 1989, 700)

NRS 31.300 Propertyto be delivered to sheriff; sale; judgment against garnishee.

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 31.310 Propertyto be retained by garnishee or delivered to officer; effect of delivery;certificate of receipt of property.

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 31.320 Judgmentagainst garnishee on failure to answer; relief from judgment.

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 NRS 31.291, the amount of the lien createdpursuant to that section.

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 31.330 Answerof garnishee; reply of plaintiff by affidavit. Ifthe garnishee answers as required by the writ, the plaintiff may, within 20days after the expiration of the time allowed for the filing of such answer,reply to the whole or any part thereof by an affidavit traversing the same; theplaintiff may also in his reply allege any matters which would charge thegarnishee with liability according to the provisions of this chapter, and suchaffidavit may be upon information and belief. If the plaintiff fails to replywithin the time aforesaid, he shall be deemed to have accepted the answer ofthe garnishee as true, and judgment may be entered accordingly.

[1911 CPA 236; RL 5178; NCL 8734](NRS A 1973,1187)

NRS 31.340 Newmatter in plaintiffs reply deemed denied; trial; judgment; costs; attorneysfees. New matter in the affidavit replying tothe answer of the garnishee shall be taken as denied or avoided, and the matterthus at issue without further pleadings shall be tried in the same manner asother issues of like nature, and upon the verdict or finding thereon, judgmentshall be entered the same as if the garnishee had answered according to suchverdict or finding; but if the verdict or finding is as favorable to thegarnishee as his answer, he shall recover costs of the proceeding against theplaintiff, together with a reasonable attorneys fee, otherwise the plaintiffshall recover costs against the garnishee, together with a reasonable attorneysfee.

[1911 CPA 237; RL 5179; NCL 8735](NRS A 1973,1187)

NRS 31.350 Thirdperson may be interpleaded as defendant; notice; proceedings. When the answer of the garnishee discloses that any otherperson than the defendant claims the indebtedness or property in his hands, andthe name and address of such claimant, the court shall, on motion and notice toall parties to the action including the garnishee defendant, order that suchclaimant be interpleaded as a defendant to the garnishee action; and thatnotice thereof, setting forth the facts, with a copy of such order, in suchform as the court shall direct, be served upon him, and that after such serviceshall have been made, the garnishee may pay or deliver to the officer or the clerksuch indebtedness or property, and have a receipt therefor, which shall be acomplete discharge from all liability to any party for the amount so paid orproperty so delivered. Such notice shall be served in the manner required forservice of a summons in a civil action. Upon such service being made, suchclaimant shall be deemed a defendant to the garnishee action, and shall answerwithin 20 days, setting forth his claim, or any defense which the garnisheemight have made. In case of default, judgment may be rendered which shallconclude any claim upon the part of such defendant.

[1911 CPA 238; RL 5180; NCL 8736](NRS A 1973,1188)

NRS 31.360 Garnisheemay retain or deduct amounts due him by either party; record of judgment toshow any counterclaims allowed. Everygarnishee shall be allowed to retain or deduct out of the property, effects orcredits of the defendant in his hands all demands against the plaintiff and alldemands against the defendant of which he could have availed himself if he hadnot been summoned as garnishee, whether the same are at the time due or not,and he shall be liable for the balance, only after all mutual demands betweenhimself and plaintiff and defendant are adjusted, not including unliquidateddamages for wrongs and injuries; but the verdict or finding as well as therecord of the judgment shall show in all cases against which party, and theamount thereof, any counterclaim shall be allowed, if any shall be allowed.

[1911 CPA 239; RL 5181; NCL 8737]

NRS 31.370 Judgmentacquits garnishee for amounts paid. Thejudgment against a garnishee shall acquit him from all demands by the defendantfor all goods, effects and credits paid, delivered or accounted for by thegarnishee by force of such judgment.

[1911 CPA 240; RL 5182; NCL 8738]

NRS 31.380 Dischargeof garnishee does not bar action by defendant; exception. If the person summoned as garnishee is discharged for anyreason, except the payment by him of the money or property he holds for thebenefit of the defendant, the judgment shall be no bar to an action broughtagainst him by the defendant for the same demand.

[1911 CPA 241; RL 5183; NCL 8739](NRS A 1973,1188)

NRS 31.390 Judgmentagainst garnishee for debt not due; execution deferred until debt due. When the judgment is rendered against any garnishee and itshall appear that the debt from him to the defendant is not yet due, executionshall not issue until the debt shall have become due.

[1911 CPA 242; RL 5184; NCL 8740]

NRS 31.400 Propertyin hands of garnishee subject to security interest to be delivered to sheriffon payment or tender by plaintiff. When anypersonal property, choses in action or effects of the defendant in the hands ofa garnishee are subject to a security interest, or in any way liable for thepayment of a debt to him, the plaintiff may, under an order of the court forthat purpose, pay or tender the amount due to the garnishee, and thereupon thegarnishee shall deliver the personal property, choses in action and effects tothe sheriff as in other cases.

[1911 CPA 243; RL 5185; NCL 8741](NRS A 1965,915)

NRS 31.410 Propertyheld by garnishee to secure performance to be delivered to sheriff uponperformance or tender by plaintiff. If thepersonal property or effects are held for any purpose other than to secure thepayment of money, and if the contract, condition or other thing to be done orperformed is such as can be performed by the plaintiff without damage to theother parties, the court may make an order for the performance thereof by him,and upon such performance, or a tender of performance, the garnishee shalldeliver the personal property and effects to the sheriff as in other cases.

[1911 CPA 244; RL 5186; NCL 8742]

NRS 31.420 Disposalof property received by sheriff; reimbursement of plaintiff. All personal property, choses in action and effectsreceived by the sheriff under either NRS31.400 or 31.410 shall be disposedof in the same manner as if they had been delivered by the garnishee withoutcondition, except that the plaintiff shall, out of the proceeds thereof, befirst repaid the amount paid by him to the garnishee for the redemption of thesame, or shall be indemnified for any other act or thing by him done orperformed, pursuant to the order of the court for the redemption of the same.

[1911 CPA 245; RL 5187; NCL 8743]

NRS 31.450 Issuanceof writ of garnishment after judgment; procedure; liberal construction. Any person having a judgment remaining unsatisfied in anycourt of record in the State, upon which execution has been issued anddelivered, and which remains in the hands of the proper officer uncollected andunsatisfied, may, without application to the court, have a writ of garnishmentissued, and thereupon attach the credits, effects, debts, choses in action andother personal property of the judgment debtor in the possession or under thecontrol of any third person as garnishee, for the security of such judgment,and all rights, remedies and proceedings under this chapter are hereby madespecifically available and applicable for the relief and security of suchjudgment creditor, the same as for a plaintiff in attachment, and the same arealso made especially available and applicable for the protection and securityof the judgment debtor and the garnishee, the same as for the defendant andgarnishee in attachment; and the forms of all affidavits, interrogatories,writs, answers, oaths, orders, trials, judgments and other process andproceedings hereinbefore provided for cases of garnishment before judgment,with appropriate variations, shall apply to cases of garnishment after judgment;and all courts shall be liberal in allowing amendments, and in construing thischapter so as to promote the objects thereof.

[1911 CPA 248; RL 5190; NCL 8746](NRS A 1973,1188)

NRS 31.460 Newtrials and appeals. Motions for new trial maybe made in the same time and manner and shall be allowed for the same groundsin garnishment proceedings as in other civil trials; and appeals may be takenand prosecuted from any final judgment or order in such proceedings as in othercivil cases.

[1911 CPA 249; RL 5191; NCL 8747]

ARREST AND BAIL

NRS 31.470 Arrestin civil cases. No person shall be arrested ina civil action except as prescribed by this chapter.

[1911 CPA 145; RL 5087; NCL 8643]

NRS 31.480 Casesin which defendant may be arrested. Thedefendant may be arrested, as hereinafter prescribed, in the following cases:

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 31.490 Orderfor arrest. An order for the arrest of thedefendant shall be obtained from a judge of the court in which the action isbrought.

[1911 CPA 147; RL 5089; NCL 8645]

NRS 31.500 Orderfor arrest made when plaintiffs affidavit shows a sufficient cause; requisitesand filing of affidavit. The order may be madewhenever it shall appear to the judge, by the affidavit of the plaintiff orsome other person, that a sufficient cause of action exists, and the case isone of those mentioned in NRS 31.480.The affidavit shall be either positive or upon information and belief; and whenupon information and belief it shall state the facts upon which the informationand belief are founded. If an order of arrest be made, the affidavit shall befiled with the clerk of the court.

[1911 CPA 148; RL 5090; NCL 8646]

NRS 31.510 Undertakingfrom plaintiff. Before making the order thejudge shall require a written undertaking, payable in lawful money of theUnited States, on the part of the plaintiff, with sureties, to the effect thatif the defendant recover judgment, the plaintiff will pay all costs and chargesthat may be awarded to the defendant, and all damages which he may sustain byreason of the arrest, not exceeding the sum specified in the undertaking, whichshall be at least $500. Each of the sureties shall annex to the undertaking anaffidavit that he is a resident and householder or freeholder within the State,and worth double the sum specified in the undertaking over and above all hisdebts and liabilities, exclusive of property exempt from execution. Theundertaking shall be filed with the clerk of the court.

[1911 CPA 149; RL 5091; NCL 8647]

NRS 31.520 Orderand arrest; return of order. The order may bemade to accompany the summons, or any time afterwards before judgment. It shallrequire the sheriff of the county where the defendant may be found forthwith toarrest him and hold him to bail in a specified sum, naming the money orcurrency in which it is payable, and to return the order at a time thereinmentioned to the clerk of the court in which the action is pending.

[1911 CPA 150; RL 5092; NCL 8648]

NRS 31.530 Deliveryof affidavit and order to sheriff and defendant. Theorder of arrest, with a copy of the affidavit upon which it is made, shall bedelivered to the sheriff, who, upon arresting the defendant, shall deliver tohim the copy of the affidavit, and also, if desired, a copy of the order ofarrest.

[1911 CPA 151; RL 5093; NCL 8649]

NRS 31.540 Arrestof defendant. The sheriff shall execute theorder by arresting the defendant and keeping him in custody until discharged bylaw.

[1911 CPA 152; RL 5094; NCL 8650]

NRS 31.550 Defendantto be discharged on bail or deposit. The defendant,at any time before execution, shall be discharged from the arrest either upongiving bail or upon depositing the amount mentioned in the order of arrest inthe money or currency therein named, as provided in this chapter.

[1911 CPA 153; RL 5095; NCL 8651]

NRS 31.560 Defendantmay give bail. The defendant may give bail bycausing a written undertaking, payable in the money of the contract (if any benamed), and in other cases as directed by the judge, to be executed by two ormore sufficient sureties, stating their places of residence and occupations, tothe effect that they are bound in the amount mentioned in the order of arrest;that the defendant shall at all times render himself amenable to the process ofthe court during the pendency of the action, and to such as may be issued toenforce the judgment therein; or that they will pay to the plaintiff the amountof any judgment which may be recovered in the action.

[1911 CPA 154; RL 5096; NCL 8652]

NRS 31.570 Bailmay surrender defendant. At any time beforejudgment, or within 10 days thereafter, the bail may surrender the defendant intheir exoneration; or he may surrender himself to the sheriff of the countywhere he was arrested.

[1911 CPA 155; RL 5097; NCL 8653]

NRS 31.580 Arrest,delivery and surrender of defendant by bail; exoneration of bail. For the purpose of surrendering the defendant, the bail atany time or place before they are finally charged may themselves arrest him; orby a written authority, endorsed on a certified copy of the undertaking, mayempower the sheriff to do so. Upon the arrest of the defendant by the sheriff,or upon his delivery to the sheriff by the bail, or upon his own surrender, thebail shall be exonerated; provided, such arrest, delivery or surrender shalltake place before the expiration of 10 days after judgment; but if such arrest,delivery or surrender be not made within 10 days after judgment, the bail shallbe finally charged on their undertaking, and be bound to pay the amount of thejudgment within 10 days thereafter.

[1911 CPA 156; RL 5098; NCL 8654]

NRS 31.590 Actionagainst bail. If the bail neglect or refuse topay the judgment within 10 days after they are finally charged, an action maybe commenced against bail for the amount of the original judgment.

[1911 CPA 157; RL 5099; NCL 8655]

NRS 31.600 Bailexonerated by death, imprisonment or discharge of defendant. The bail shall also be exonerated by the death of thedefendant, or his imprisonment in a state prison, or by his legal dischargefrom the obligation to render himself amenable to the process.

[1911 CPA 158; RL 5100; NCL 8656]

NRS 31.610 Returnof order; plaintiff may except to bail. Withinthe time limited for that purpose, the sheriff shall file the order of arrestin the office of the clerk of the court in which the action is pending, withhis return endorsed thereon, together with a copy of the undertaking of thebail. The original undertaking he shall retain in his possession until filed,as herein provided. The plaintiff, within 10 days thereafter, may serve uponthe sheriff a notice that he does not accept the bail, or he shall be deemed tohave accepted them, and the sheriff shall be exonerated from liability. If nonotice be served within 10 days, the original undertaking shall be filed withthe clerk of the court.

[1911 CPA 159; RL 5101; NCL 8657]

NRS 31.620 Noticeof justification of bail. Within 5 days afterthe receipt of notice, the sheriff or defendant may give to the plaintiff orhis attorney notice of the justification of the same, or other bail (specifyingthe places of residence and occupations of the latter), before the judge of thecourt, or clerk, at a specified time and place; the time to be not less than 5nor more than 10 days thereafter, except by consent of parties. In case otherbail be given, there shall be a new undertaking.

[1911 CPA 160; RL 5102; NCL 8658]

NRS 31.630 Qualificationsof bail. The qualifications of bail shall beas follows:

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 31.640 Examinationof bail. For the purpose of justification,each of the bail shall attend before the judge, or clerk, at the time and placementioned in the notice, and may be examined on oath, on the part of theplaintiff, touching his sufficiency, in such manner as the judge, or clerk, inhis discretion may think proper. The examination shall be reduced to writing,and subscribed by the bail, if required by the plaintiff.

[1911 CPA 162; RL 5104; NCL 8660]

NRS 31.650 Allowanceof bail exonerates sheriff. If the judge, orclerk, find the bail sufficient, he shall annex the examination to theundertaking, endorse his allowance thereon, and cause them to be filed, and thesheriff shall thereupon be exonerated from liability.

[1911 CPA 163; RL 5105; NCL 8661]

NRS 31.660 Depositby defendant in lieu of bail. The defendantmay, at the time of his arrest, instead of giving bail, deposit with thesheriff the amount mentioned in the order. In case the amount of the bail bereduced, as provided in this chapter, the defendant may deposit such amountinstead of giving bail. In either case the sheriff shall give the defendant acertificate of the deposit made, and the defendant shall be discharged fromcustody.

[1911 CPA 164; RL 5106; NCL 8662]

NRS 31.670 Sheriffmust pay deposit into court. The sheriffshall, immediately after the deposit, pay the same into court, and take fromthe clerk receiving the same two certificates of such payment; the one of whichhe shall deliver or transmit to the plaintiff or his attorney and the other tothe defendant. For any default in making such payment, the same proceedings maybe had on the official bond of the sheriff to collect the sum deposited as inother cases of delinquency.

[1911 CPA 165; RL 5107; NCL 8663]

NRS 31.680 Undertakingmay be substituted for deposit. If the moneybe deposited, as provided in NRS 31.660and 31.670, bail may be given and mayjustify upon notice at any time before judgment; and on the filing of theundertaking and justification with the clerk the money deposited shall berefunded by such clerk to the defendant.

[1911 CPA 166; RL 5108; NCL 8664]

NRS 31.690 Dispositionof deposit. Where money shall have been deposited,if it remain on deposit at the time of a recovery of a judgment in favor of theplaintiff, the clerk shall, under the direction of the court, apply the same insatisfaction thereof, and after satisfying the judgment shall refund thesurplus, if any, to the defendant. If the judgment be in favor of thedefendant, the clerk shall, under like direction of the court, refund to himthe whole sum deposited and remaining unapplied.

[1911 CPA 167; RL 5109; NCL 8665]

NRS 31.700 Liabilityof sheriff for escape or rescue. If, afterbeing arrested, the defendant escape or be rescued, the sheriff shall himselfbe liable as bail; but he may discharge himself from such liability by thegiving and justification of bail at any time before judgment.

[1911 CPA 168; RL 5110; NCL 8666]

NRS 31.710 Recoveryon official bond of sheriff. If a judgment berecovered against the sheriff, upon his liability as bail, and an executionthereon be returned unsatisfied, in whole or in part, the same proceedings maybe had on his official bond for the recovery of the whole or any deficiency, asin other cases of delinquency.

[1911 CPA 169; RL 5111; NCL 8667]

NRS 31.720 Defendantmay move to vacate arrest or reduce bail; hearing. Adefendant arrested may, at any time before the justification of bail, apply tothe judge who made the order, or the court in which the action is pending, uponreasonable notice to the plaintiff, to vacate the order of arrest or to reducethe amount of bail. If the application be made upon affidavits on the part ofthe defendant, but not otherwise, the plaintiff may oppose the same byaffidavits or other proofs in addition to those on which the order of arrestwas made.

[1911 CPA 170; RL 5112; NCL 8668]

NRS 31.730 Vacationof order of arrest and reduction of bail. If,upon such application, it shall satisfactorily appear that there was notsufficient cause for the arrest, the order shall be vacated, or if itsatisfactorily appear that the bail was fixed too high, the amount shall bereduced.

[1911 CPA 171; RL 5113; NCL 8669]

DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

NRS 31.740 Personsconfined on execution issued on judgment may be discharged. Every person confined in jail on an execution issued on ajudgment rendered in a civil action shall be discharged therefrom upon theconditions hereinafter specified.

[1911 CPA 172; RL 5114; NCL 8670]

NRS 31.750 Noticeof application for discharge. Such personshall cause a notice in writing to be given to the plaintiff, his agent orattorney, that at a certain time and place he will apply to the district judgeof the county in which such person may be confined for the purpose of obtaininga discharge from his imprisonment.

[1911 CPA 173; RL 5115; NCL 8671]

NRS 31.760 Serviceof notice of application. Such notice shall beserved upon the plaintiff, his agent or attorney, 1 day at least before thehearing of the application. If the plaintiff be not a resident of the county,and have no agent or attorney in the county, no such notice need be served.

[1911 CPA 174; RL 5116; NCL 8672]

NRS 31.770 Hearingon application. At the time and placespecified in the notice, such person shall be taken before such judge, whoshall examine him under oath concerning his estate and property and effects,and the disposal thereof, and his ability to pay the judgment for which he iscommitted, and such judge shall also hear any other legal and pertinentevidence that may be produced by the debtor or creditors.

[1911 CPA 175; RL 5117; NCL 8673]

NRS 31.780 Oathof defendant on discharge. If, uponexamination, the judge be satisfied that the prisoner is entitled to his discharge,the judge shall administer to him the following oath: I,................, dosolemnly swear, or affirm, that I have not any estate, real or personal, to theamount of $50, except such as is by law exempted from being taken in execution;and that I have not any other estate now conveyed or concealed, or in any waydisposed of with design to secure the same to my use, or to defraud mycreditors.

[1911 CPA 176; RL 5118; NCL 8674]

NRS 31.790 Orderof discharge. After administering the oath, thejudge shall issue an order that the prisoner be discharged from custody, if hebe imprisoned for no other cause; and the officer, upon service of such order,shall discharge the prisoner forthwith, if he be imprisoned for no other cause.

[1911 CPA 177; RL 5119; NCL 8675]

NRS 31.800 Renewalof application for discharge. If such judgeshould not discharge the prisoner, he may apply for his discharge at the end ofevery succeeding 10 days, in the same manner as above provided, and the sameproceeding shall thereupon be had.

[1911 CPA 178; RL 5120; NCL 8676]

NRS 31.810 Effectof discharge; judgment remains in force. Theprisoner, after being so discharged, shall be forever exempt from arrest andimprisonment for the same debt; but the judgment against him shall remain infull force against any estate, present or future, of the prisoner, not exemptfrom execution.

[1911 CPA 179; RL 5121; NCL 8677]

NRS 31.820 Plaintiffmay order discharge of prisoner; effect of discharge. Theplaintiff in the action may, at any time, order the prisoner to be discharged,and he shall not thereafter be liable to imprisonment for the same cause ofaction.

[1911 CPA 180; RL 5122; NCL 8678]

NRS 31.830 Creditorto advance money to jailer for support of prisoner. Whenevera person is committed to jail on a judgment recovered in a civil action, thecreditor, his agent or attorney shall advance to the jailer immediately uponsuch commitment sufficient money to pay for the support of the prisoner for atleast 2 weeks, at the rate of $2.50 per day, and in case the money should notbe so advanced, the jailer shall forthwith discharge such prisoner fromcustody, and such discharge shall be a bar against imprisonment for the samedebt. At the expiration of such 2 weeks, should such creditor refuse to advancea like sum, the prisoner will be discharged as above provided, and with thesame effect.

[1911 CPA 181; RL 5123; NCL 8679]

CLAIM AND DELIVERY

NRS 31.840 Deliverymay be claimed before answer. Except asprovided in NRS 179.1171, the plaintiffin an action to recover the possession of personal property may, at the time ofissuing the summons, or at any time before answer, claim the delivery of suchproperty to him as provided in this chapter.

[1911 CPA 182; RL 5124; NCL 8680](NRS A 1985,1468; 1987, 1384)

NRS 31.850 Requisitesof affidavit by plaintiff. Where a delivery isclaimed, an affidavit shall be made by the plaintiff, or by someone in hisbehalf, and filed with the court showing:

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 31.853 Orderto show cause; contents; service. The courtshall promptly examine the affidavit, and if it is satisfied that it meets therequirements of NRS 31.850, shall issuean order directed to the defendant to show cause why the property should not betaken from the defendant and delivered to the plaintiff. Such order shall:

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 NRS 31.890.

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 31.856 Issuanceof writ of possession without hearing; order shortening time for hearing;undertaking by plaintiff.

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 31.859 Temporaryrestraining order in lieu of immediate issue of writ of possession. In addition to the issuance of an order to show causeprovided by NRS 31.853, and in lieu ofthe immediate issuance of a writ of possession provided by NRS 31.856, the court may issue suchtemporary restraining orders directed to the defendant prohibiting such actswith respect to the property as may appear necessary for the preservation ofrights of the parties and the status of the property.

(Added to NRS by 1973, 1150)

NRS 31.863 Hearingon order to show cause; undertaking by plaintiff.

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 chapter 104 of NRS, no undertaking shall berequired for the issuance of the writ of possession.

(Added to NRS by 1973, 1150)

NRS 31.866 Writof possession.

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 NRS 31.890.

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 31.870 Sheriffto take property described in writ; service of writ and undertaking ondefendant. Upon receipt of the writ ofpossession, with a copy of the written undertaking attached, the sheriff shallforthwith take the property described in the writ, if it be in the possessionof the defendant or his agent, and retain it in his custody. He shall also,without delay, serve on the defendant a copy of the writ and undertaking, bydelivering the same to him personally, if he can be found, or to his agent,from whose possession the property is taken; or, if neither can be found, byleaving them at the usual place of abode of either, with some person ofsuitable age and discretion; or, if neither have any known place of abode, byputting them in the nearest post office, directed to the defendant.

[1911 CPA 185; RL 5127; NCL 8683](NRS A 1973,1151)

NRS 31.880 Defendantmay except to sufficiency of sureties. Thedefendant may, within 2 days after the service of the writ and the undertaking,give notice to the sheriff that he excepts to the sufficiency of the sureties.If he fails to do so he shall be deemed to have waived all objection to them.When the defendant excepts, the sureties shall justify on notice in like manneras upon bail on arrest; and the sheriff shall be responsible for thesufficiency of the sureties until the objection to them is either waived, asabove provided, or until they justify. If the defendant excepts to the suretieshe cannot reclaim the property, as provided in NRS 31.890.

[1911 CPA 186; RL 5128; NCL 8684](NRS A 1973,1151)

NRS 31.890 Returnof property to defendant upon giving written undertaking. At any time before the delivery of the property to theplaintiff, the defendant may, if he does not except to the sureties of theplaintiff, require the return thereof, upon the filing with the court, andserving of a copy upon the plaintiff or his attorney, of a written undertaking,approved by the court and executed by two or more sufficient sureties, to theeffect that they are bound in double the value of the property, as stated in theaffidavit of the plaintiff, for the delivery thereof to the plaintiff, if suchdelivery be adjudged, and for payment to him of such sum as may for any causebe recovered against the defendant. If a return of the property is not sorequired within 5 days after the taking thereof and the serving of the writ ofpossession and undertaking upon the defendant, it shall be delivered to theplaintiff, except as provided in NRS 31.940.

[1911 CPA 187; RL 5129; NCL 8685](NRS A 1973,1152)

NRS 31.900 Justificationof defendants sureties. The defendantssureties, upon notice to the plaintiff of not less than 2 nor more than 5 days,shall justify before the judge or the clerk in the same manner as upon bail onarrest; and upon such justification, the sheriff shall deliver the property tothe defendant. The sheriff shall be responsible for the defendants suretiesuntil they justify, or until the justification is completed or expressly waived,and may retain the property until that time. If they or others in their place,fail to justify at the time and place appointed, he shall deliver the propertyto the plaintiff.

[1911 CPA 188; RL 5130; NCL 8686]

NRS 31.910 Qualificationsof sureties and manner of justification. Thequalifications of sureties and their justification shall be such as areprescribed by this chapter in respect to bail upon an order of arrest.

[1911 CPA 189; RL 5131; NCL 8687]

NRS 31.920 Sheriffmay take concealed property by force after demand. Ifthe property, or any part thereof, be concealed in a building or enclosure, thesheriff shall publicly demand its delivery. If it be not delivered, he shallcause the building or enclosure to be broken open, and take the property intohis possession, and, if necessary, he may call to his aid the power of hiscounty.

[1911 CPA 190; RL 5132; NCL 8688]

NRS 31.930 Sheriffto keep property in secure place; to deliver upon receipt of fees and expenses. When the sheriff shall have taken property, as in thischapter provided, he shall keep it in a secure place, and deliver it to theparty entitled thereto upon receiving his lawful fees for taking and necessaryexpenses for keeping the same.

[1911 CPA 191; RL 5133; NCL 8689]

NRS 31.940 Claimby third party; undertaking by plaintiff; determination of title.

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 31.950 Sheriffto make return within 20 days after taking property. Thesheriff shall file the writ of possession and undertaking with his proceedingsthereon, with the clerk of the court in which the action is pending, within 20days after taking the property mentioned therein.

[1911 CPA 193; RL 5135; NCL 8691](NRS A 1973,1152)

 

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