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.
(Added to NRS by 1965, 1226; A 1969, 95; 1973, 1177; 1989, 463)
Structure Nevada Revised Statutes
Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies
NRS 31.013 - Issuance of writ of attachment after notice and hearing.
NRS 31.017 - Issuance of writ of attachment without notice and hearing.
NRS 31.020 - Affidavit for attachment: Contents.
NRS 31.022 - Procedure when notice and hearing not required.
NRS 31.024 - Procedure when notice and hearing required: Order to show cause.
NRS 31.026 - Procedure when notice and hearing required: Hearing.
NRS 31.028 - Contents of order for attachment.
NRS 31.040 - Sheriff to attach and keep property; undertaking by defendant.
NRS 31.045 - Notice of execution on writ of attachment: Service required; form; contents.
NRS 31.050 - Attachment of shares of stock, debts due defendant and other property.
NRS 31.060 - Execution of writ of attachment: Manner in which property is to be attached.
NRS 31.110 - Sheriff’s return of writ; certificate.
NRS 31.130 - Sale of attached property; proceeds to be deposited in court.
NRS 31.140 - Satisfaction of judgment by sales of attached property.
NRS 31.160 - Plaintiff may prosecute undertaking if execution returned unsatisfied.
NRS 31.200 - Grounds for discharge of attachment.
NRS 31.235 - Constables have powers and duties of sheriff with respect to writ of attachment.
NRS 31.240 - Writ of garnishment may issue at time of issuance of writ of attachment or later.
NRS 31.249 - Application to court for writ of garnishment.
NRS 31.260 - Issuance and contents of writ of garnishment; notice of execution.
NRS 31.270 - Service of writ; tender of garnishee’s fees.
NRS 31.280 - Service and return of writ give court jurisdiction.
NRS 31.290 - Form of interrogatories to garnishee; garnishee to answer in writing under oath.
NRS 31.291 - Garnishment of certain financial institutions.
NRS 31.294 - Procedure for garnishment when another action pending.
NRS 31.295 - Garnishment of earnings: Limitations on amount.
NRS 31.298 - Garnishment of earnings: Unlawful to discharge or discipline employee.
NRS 31.300 - Property to be delivered to sheriff; sale; judgment against garnishee.
NRS 31.320 - Judgment against garnishee on failure to answer; relief from judgment.
NRS 31.330 - Answer of garnishee; reply of plaintiff by affidavit.
NRS 31.340 - New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.
NRS 31.350 - Third person may be interpleaded as defendant; notice; proceedings.
NRS 31.370 - Judgment acquits garnishee for amounts paid.
NRS 31.380 - Discharge of garnishee does not bar action by defendant; exception.
NRS 31.390 - Judgment against garnishee for debt not due; execution deferred until debt due.
NRS 31.420 - Disposal of property received by sheriff; reimbursement of plaintiff.
NRS 31.450 - Issuance of writ of garnishment after judgment; procedure; liberal construction.
NRS 31.460 - New trials and appeals.
NRS 31.470 - Arrest in civil cases.
NRS 31.480 - Cases in which defendant may be arrested.
NRS 31.490 - Order for arrest.
NRS 31.510 - Undertaking from plaintiff.
NRS 31.520 - Order and arrest; return of order.
NRS 31.530 - Delivery of affidavit and order to sheriff and defendant.
NRS 31.540 - Arrest of defendant.
NRS 31.550 - Defendant to be discharged on bail or deposit.
NRS 31.560 - Defendant may give bail.
NRS 31.570 - Bail may surrender defendant.
NRS 31.580 - Arrest, delivery and surrender of defendant by bail; exoneration of bail.
NRS 31.590 - Action against bail.
NRS 31.600 - Bail exonerated by death, imprisonment or discharge of defendant.
NRS 31.610 - Return of order; plaintiff may except to bail.
NRS 31.620 - Notice of justification of bail.
NRS 31.630 - Qualifications of bail.
NRS 31.640 - Examination of bail.
NRS 31.650 - Allowance of bail exonerates sheriff.
NRS 31.660 - Deposit by defendant in lieu of bail.
NRS 31.670 - Sheriff must pay deposit into court.
NRS 31.680 - Undertaking may be substituted for deposit.
NRS 31.690 - Disposition of deposit.
NRS 31.700 - Liability of sheriff for escape or rescue.
NRS 31.710 - Recovery on official bond of sheriff.
NRS 31.720 - Defendant may move to vacate arrest or reduce bail; hearing.
NRS 31.730 - Vacation of order of arrest and reduction of bail.
NRS 31.740 - Persons confined on execution issued on judgment may be discharged.
NRS 31.750 - Notice of application for discharge.
NRS 31.760 - Service of notice of application.
NRS 31.770 - Hearing on application.
NRS 31.780 - Oath of defendant on discharge.
NRS 31.790 - Order of discharge.
NRS 31.800 - Renewal of application for discharge.
NRS 31.810 - Effect of discharge; judgment remains in force.
NRS 31.820 - Plaintiff may order discharge of prisoner; effect of discharge.
NRS 31.830 - Creditor to advance money to jailer for support of prisoner.
NRS 31.840 - Delivery may be claimed before answer.
NRS 31.850 - Requisites of affidavit by plaintiff.
NRS 31.853 - Order to show cause; contents; service.
NRS 31.859 - Temporary restraining order in lieu of immediate issue of writ of possession.
NRS 31.863 - Hearing on order to show cause; undertaking by plaintiff.
NRS 31.866 - Writ of possession.
NRS 31.880 - Defendant may except to sufficiency of sureties.
NRS 31.890 - Return of property to defendant upon giving written undertaking.
NRS 31.900 - Justification of defendant’s sureties.
NRS 31.910 - Qualifications of sureties and manner of justification.
NRS 31.920 - Sheriff may take concealed property by force after demand.
NRS 31.930 - Sheriff to keep property in secure place; to deliver upon receipt of fees and expenses.
NRS 31.940 - Claim by third party; undertaking by plaintiff; determination of title.
NRS 31.950 - Sheriff to make return within 20 days after taking property.