NRS 31.170
Discharge of attachment after judgment for defendant or dismissal of action

  • stay of release pending appeal.
If the defendant recovers judgment against the plaintiff, or if the claim for relief upon which the attachment is based is dismissed, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, shall be delivered to the defendant or the defendant’s agent, and the order of attachment shall be discharged and the property released therefrom; but if an appeal is taken from an order dissolving or discharging the attachment, from a final judgment in favor of the defendant or from an order dismissing the claim for relief upon which the attachment is based, the court may, upon such terms as are just, stay or enjoin the release by the sheriff and the dissolution of the writ pending the appeal.

Source: Section 31.170 — Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal., https://www.­leg.­state.­nv.­us/NRS/NRS-031.­html#NRS031Sec170.

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

§ 31.170’s source at nv​.us