NRS 31.030
Written undertaking on attachment

  • additional bond
  • exception to sufficiency of sureties
  • vacation of writ.

1.

The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum not less than the amount claimed by the plaintiff or the value of the property to be attached, whichever is less, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the attachment including attorney’s fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that the surety is a resident and householder or freeholder within the State, and worth double the sum specified in the undertaking over and above all the surety’s debts and liabilities, exclusive of property exempt from execution. In the case of an attachment issued with notice to the defendant, or in any case upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. No bond may be required of the State or of an officer or agency thereof.

2.

Before issuing the writ of attachment the clerk shall require the filing by the plaintiff of the written undertaking required by the court pursuant to subsection 1.

3.

At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If the defendant fails to do so, the defendant is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated.

Source: Section 31.030 — Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec030 (accessed May 26, 2025).

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.

May 26, 2025

§ 31.030. Written undertaking on attachment's source at nv​.us