NRS 31.024
Procedure when notice and hearing required: Order to show cause.

If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. The order must:

1.

Fix the date and time for hearing on the order, which must not be set sooner than 3 days after the service of the order.

2.

Direct the time within which service of the order must be made upon the defendant or the defendant’s attorney.

3.

Fix the manner in which service of the order must be made, which may be by personal service upon the defendant or service upon the defendant’s attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.

4.

State that the debtor:

(a)

Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of NRS 31.045 and explain that the debtor may claim an exemption if it appears that exempt property may be seized;

(b)

Has the right to file affidavits on the debtor’s behalf; and

(c)

May appear personally or by way of an attorney, and present testimony on the debtor’s behalf at the time of hearing.

5.

State that if the defendant fails to appear the defendant shall be deemed to have waived his or her right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.

Source: Section 31.024 — Procedure when notice and hearing required: Order to show cause., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec024.

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

Jun. 24, 2021

§ 31.024’s source at nv​.us