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Nevada Chapter 31 — Attachment, Garnishment and Other Extraordinary Remedies

113 sections hosted, reproduced from the official public-domain source.

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