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Nevada Revised Statutes

Chapter 31

Nev. Rev. Stat. ch. 31

Attachment, Garnishment and Other Extraordinary Remedies

31.010Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government 31.013Issuance of writ of attachment after notice and hearing 31.017Issuance of writ of attachment without notice and hearing 31.020Affidavit for attachment: Contents 31.022Procedure when notice and hearing not required 31.024Procedure when notice and hearing required: Order to show cause 31.026Procedure when notice and hearing required: Hearing 31.028Contents of order for attachment 31.030Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ 31.040Sheriff to attach and keep property; undertaking by defendant 31.045Notice of execution on writ of attachment: Service required; form; contents 31.050Attachment of shares of stock, debts due defendant and other property 31.060Execution of writ of attachment: Manner in which property is to be attached 31.065Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff 31.070Third-party claims in property levied on; undertaking by plaintiff; liability of sheriff; exception to sufficiency of sureties; hearing to determine title to property 31.100Examination of person served with copy of writ and defendant; delivery and memoranda of personal property 31.110Sheriff’s return of writ; certificate 31.120Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment 31.130Sale of attached property; proceeds to be deposited in court 31.140Satisfaction of judgment by sales of attached property 31.150Deficiency after sale of attached property; sheriff to collect balance as upon an execution 31.160Plaintiff may prosecute undertaking if execution returned unsatisfied 31.170Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal 31.180Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments 31.190Undertaking of defendant; determination of disputed value of property; justification by sureties 31.200Grounds for discharge of attachment 31.210When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits 31.220Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ 31.235Constables have powers and duties of sheriff with respect to writ of attachment 31.240Writ of garnishment may issue at time of issuance of writ of attachment or later 31.249Application to court for writ of garnishment 31.260Issuance and contents of writ of garnishment; notice of execution 31.270Service of writ; tender of garnishee’s fees 31.280Service and return of writ give court jurisdiction 31.290Form of interrogatories to garnishee; garnishee to answer in writing under oath 31.291Garnishment of certain financial institutions 31.292Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators 31.293Unpaid subscription to corporate stock subject to garnishment by creditor of corporation 31.294Procedure for garnishment when another action pending 31.2945Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act 31.295Garnishment of earnings: Limitations on amount 31.2955Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee 31.296Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor 31.297Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings 31.298Garnishment of earnings: Unlawful to discharge or discipline employee 31.300Property to be delivered to sheriff; sale; judgment against garnishee 31.310Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property 31.320Judgment against garnishee on failure to answer; relief from judgment 31.330Answer of garnishee; reply of plaintiff by affidavit 31.340New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees 31.350Third person may be interpleaded as defendant; notice; proceedings 31.360Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed 31.370Judgment acquits garnishee for amounts paid 31.380Discharge of garnishee does not bar action by defendant; exception 31.390Judgment against garnishee for debt not due; execution deferred until debt due 31.400Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff 31.410Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff 31.420Disposal of property received by sheriff; reimbursement of plaintiff 31.450Issuance of writ of garnishment after judgment; procedure; liberal construction 31.460New trials and appeals 31.470Arrest in civil cases 31.480Cases in which defendant may be arrested 31.490Order for arrest 31.500Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit 31.510Undertaking from plaintiff 31.520Order and arrest; return of order 31.530Delivery of affidavit and order to sheriff and defendant 31.540Arrest of defendant 31.550Defendant to be discharged on bail or deposit 31.560Defendant may give bail 31.570Bail may surrender defendant 31.580Arrest, delivery and surrender of defendant by bail; exoneration of bail 31.590Action against bail 31.600Bail exonerated by death, imprisonment or discharge of defendant 31.610Return of order; plaintiff may except to bail 31.620Notice of justification of bail 31.630Qualifications of bail 31.640Examination of bail 31.650Allowance of bail exonerates sheriff 31.660Deposit by defendant in lieu of bail 31.670Sheriff must pay deposit into court 31.680Undertaking may be substituted for deposit 31.690Disposition of deposit 31.700Liability of sheriff for escape or rescue 31.710Recovery on official bond of sheriff 31.720Defendant may move to vacate arrest or reduce bail; hearing 31.730Vacation of order of arrest and reduction of bail 31.740Persons confined on execution issued on judgment may be discharged 31.750Notice of application for discharge 31.760Service of notice of application 31.770Hearing on application 31.780Oath of defendant on discharge 31.790Order of discharge 31.800Renewal of application for discharge 31.810Effect of discharge; judgment remains in force 31.820Plaintiff may order discharge of prisoner; effect of discharge 31.830Creditor to advance money to jailer for support of prisoner 31.840Delivery may be claimed before answer 31.850Requisites of affidavit by plaintiff 31.853Order to show cause; contents; service 31.856Issuance of writ of possession without hearing; order shortening time for hearing; undertaking by plaintiff 31.859Temporary restraining order in lieu of immediate issue of writ of possession 31.863Hearing on order to show cause; undertaking by plaintiff 31.866Writ of possession 31.870Sheriff to take property described in writ; service of writ and undertaking on defendant 31.880Defendant may except to sufficiency of sureties 31.890Return of property to defendant upon giving written undertaking 31.900Justification of defendant’s sureties 31.910Qualifications of sureties and manner of justification 31.920Sheriff may take concealed property by force after demand 31.930Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses 31.940Claim by third party; undertaking by plaintiff; determination of title 31.950Sheriff to make return within 20 days after taking property