Nevada Remedies; Special Actions and Proceedings

Sec. § 31.010
Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government.

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.
Source

Last accessed
Feb. 5, 2021

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