NRS 31.065
Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property

  • liability of sheriff.

1.

In cases where the sheriff is instructed to take into possession easily transportable personal property, whether it is to be placed in a warehouse or storage yard or in the custody of a keeper, the sheriff shall require, as prerequisite to the taking of the property, that in addition to written instructions the plaintiff or the plaintiff’s attorney of record deposit with the sheriff a sum of money sufficient to pay the expenses of taking, transporting and keeping safely the property for a period not to exceed 30 days.

2.

If a further detention of the property is required, the sheriff shall make written demands upon the plaintiff or the plaintiff’s attorney for further deposits to cover estimated expenses for periods not to exceed 30 days each. If the attaching party desires to make a greater deposit, the attaching party may do so. Such demand must be personally served on the plaintiff or the plaintiff’s attorney or left with a responsible person or in a proper receptacle at the office or residence of the plaintiff or the plaintiff’s attorney or the demand must be deposited in the post office in a sealed envelope, as first-class registered or certified mail postage prepaid, addressed to the person on whom it is served or the person’s attorney at the last known office or place of residence.

3.

If the money so demanded is not paid, the sheriff shall notify the defendant within 5 days after money for storing and handling the property is no longer available and shall release the property to the persons from whom it was taken. Failure so to notify the defendant imposes liability on the sheriff for the expenses unless sufficient money can be obtained from the plaintiff.

Source: Section 31.065 — Deposits by plaintiff of money with sheriff to pay expenses of taking, transporting and keeping certain personal property; liability of sheriff., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec065.

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

§ 31.065’s source at nv​.us