NRS 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: Section 31.010 — Application to court for writ of attachment: Timing; requirements when Department of Taxation has taken over management of local government., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec010.

31.010
Application to court for writ of attachment: Timing 31.013
Issuance of writ of attachment after notice and hearing. 31.017
Issuance of writ of attachment without notice and hearing. 31.020
Affidavit for attachment: Contents. 31.022
Procedure when notice and hearing not required. 31.024
Procedure when notice and hearing required: Order to show cause. 31.026
Procedure when notice and hearing required: Hearing. 31.028
Contents of order for attachment. 31.030
Written undertaking on attachment 31.040
Sheriff to attach and keep property 31.045
Notice of execution on writ of attachment: Service required 31.050
Attachment of shares of stock, debts due defendant and other property. 31.060
Execution of writ of attachment: Manner in which property is to be attached. 31.065
Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property 31.070
Third-party claims in property levied on 31.100
Examination of person served with copy of writ and defendant 31.110
Sheriff’s return of writ 31.120
Sale of attached perishable property 31.130
Sale of attached property 31.140
Satisfaction of judgment by sales of attached property. 31.150
Deficiency after sale of attached property 31.160
Plaintiff may prosecute undertaking if execution returned unsatisfied. 31.170
Discharge of attachment after judgment for defendant or dismissal of action 31.180
Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking 31.190
Undertaking of defendant 31.200
Grounds for discharge of attachment. 31.210
When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits. 31.220
Improperly, improvidently or irregularly issued writ must be discharged 31.235
Constables have powers and duties of sheriff with respect to writ of attachment.
Last Updated

Feb. 5, 2021

§ 31.010’s source at nv​.us