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NRS 31.010

Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government

Applied in 6 court decisions — leading case McMillan v. United Mortgage Co. (1966)

Most recently applied in LFC Marketing Group, Inc. v. Loomis (September 2000)

[1911 CPA § 205; RL § 5147; NCL § 8703]—(NRS A 1973, 1170; 2005, 1394; 2015, 738)

How often courts cite this section

1959197019801990200010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Except as otherwise provided in subsection 2, the plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment as provided in this chapter.

2. If the Department of Taxation has taken over the management of a local government at the request of the local government pursuant to subsection 3 of NRS 354.685, and if a plaintiff is allowed by law to apply to a court for an order directing the clerk to issue a writ of attachment, the action must be stayed until the following conditions have been satisfied:

(a) The plaintiff must meet with the Department to formulate a program for the liquidation of the debt owed by the local government to the plaintiff; and

(b) The Department must adopt a program for the liquidation of the debt owed by the local government to the plaintiff as described in paragraph (a). The Department shall formulate the program not later than 60 days after meeting with the plaintiff pursuant to paragraph (a). The formulation of the program is a final decision for the purposes of judicial review.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.