USA Statutes : nevada
Title : Title 02 - CIVIL PRACTICE
Chapter : CHAPTER 21 - ENFORCEMENT OF JUDGMENTS
Except as
otherwise provided in NRS 125B.050
for enforcement of a judgment for support of a child, the party in whose
favor judgment is given may, at any time before the judgment expires,
obtain the issuance of a writ of execution for its enforcement as
prescribed in this chapter. The writ ceases to be effective when the
judgment expires.
[1911 CPA § 338; RL § 5280; NCL § 8836]—(NRS A 1979, 1172; 1987,
2249; 1989, 586)
The writ of
execution must be issued in the name of the State of Nevada, sealed with
the seal of the court, and subscribed by the clerk, and must be directed
to the sheriff; and must intelligibly refer to the judgment, stating the
court, the county where the judgment roll is filed, the names of the
parties, the judgment, and if it is for money, the amount thereof, and
the amount actually due thereon; and if made payable in a specified kind
of money or currency, as provided in NRS 17.120 , the writ must also state the kind of money or
currency in which the judgment is payable, and must require the sheriff
substantially as follows:
1. If it is against the property of the judgment debtor, it must
require the sheriff to satisfy the judgment, with interest, out of the
personal property of the debtor, and, if sufficient personal property
cannot be found, then out of his real property; or if the judgment is a
lien upon real property, then out of the real property belonging to him
on the day when the abstract or certified copy of the judgment or decree
was recorded in the office of the county recorder of the particular
county to whose sheriff the writ was issued, stating the day, or out of
the real property afterward acquired by him before the lien expires.
2. If it is against real or personal property in the hands of the
personal representatives, heirs, devisees, legatees, tenants of real
property, or trustees, it must require the sheriff to satisfy the
judgment, with interest, out of the property.
3. If it is against the person of the judgment debtor, it must
require the sheriff to arrest the debtor and commit him to the jail of
the county until he pays the judgment, with interest, or it is discharged
according to law.
4. If it is issued on a judgment made payable in a specified kind
of money or currency, as provided in NRS 17.120 , the writ must also require the sheriff to
satisfy it in the kind of money or currency in which the judgment is made
payable, and the sheriff shall refuse payment in any other kind of money
or currency; and in case of levy and sale of the property of the judgment
debtor, he shall refuse payment from any purchaser at the sale in any
other kind of money or currency than that specified in the writ; the
sheriff collecting money or currency in the manner required by this
chapter shall pay to the person entitled thereto, the same kind of money
or currency received by him, and in case of neglect or refusal so to do,
he is liable on his official bond to the judgment creditor in three times
the amount of money so collected.
5. If it is for the delivery of the possession of real or personal
property, it must require the sheriff to deliver the possession of the
property, particularly describing it, to the person entitled thereto, and
may at the same time require the sheriff to satisfy any costs, damages,
rents or profits, recovered by the same judgment out of the personal
property of the party against whom it was rendered, and the value of the
property for which the judgment was recovered to be specified therein; if
a delivery thereof cannot be had, and if sufficient personal property
cannot be found, then out of real property, as provided in subsection 1
of this section.
[1911 CPA § 339; RL § 5281; NCL § 8837]—(NRS A 1965, 649; 1967,
949; 1985, 224)
A writ
of execution issued on a judgment for the recovery of money must be
substantially in the following form:
(Title of the Court)
(Number and abbreviated title of the case)
EXECUTION
THE PEOPLE OF THE STATE OF NEVADA:
To the sheriff of ................................ County.
Greetings:
On ......(month)......(day)......(year), a judgment was entered by the
above-entitled court in the above-entitled action in favor of
........................ as judgment creditor and against
....................... as judgment debtor for:
$................ principal,
$................ attorney’s fees,
$................ interest, and
$................ costs, making a total amount of
$................ the judgment as entered, and
WHEREAS, according to an affidavit or a memorandum of costs after
judgment, or both, filed herein, it appears that further sums have
accrued since the entry of judgment, to wit:
$................ accrued interest, and
$................ accrued costs, together with $........ fee, for the
issuance of this writ, making a total of
$................ as accrued costs, accrued interest and fees.
Credit must be given for payments and partial satisfactions in the amount
of
$................
which is to be first credited against the total accrued costs and accrued
interest, with any excess credited against the judgment as entered,
leaving a net balance of
$................
actually due on the date of the issuance of this writ, of which
$................
bears interest at ........ percent per annum, in the amount of $........
per day, from the date of judgment to the date of levy, to which must be
added the commissions and costs of the officer executing this writ.
NOW, THEREFORE, SHERIFF OF ........................................
COUNTY, you are hereby commanded to satisfy this judgment with interest
and costs as provided by law, out of the personal property of the
judgment debtor, except that for any workweek, 75 percent of the
disposable earnings of the debtor during that week or 50 times the
minimum hourly wage prescribed by section 6(a)(1) of the federal Fair
Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the
time the earnings are payable, whichever is greater, is exempt from any
levy of execution pursuant to this writ, and if sufficient personal
property cannot be found, then out of the real property belonging to the
debtor in the aforesaid county, and make return to this writ within not
less than 10 days or more than 60 days endorsed thereon with what you
have done.
Dated: This .......... day of the month of .......... of the year
..........
..........................................., Clerk.
By........................., Deputy Clerk.
(Added to NRS by 1971, 1496; A 1981, 125; 1983, 97; 2001, 19 ; 2005, 1011 )
When a
writ of execution is issued on a judgment recovered against two or more
persons, in an action upon a joint contract, in which action all the
defendants were not served with summons, or did not appear, it shall
direct the sheriff to satisfy the judgment out of the joint property of
all the defendants, and the individual property only of the defendants
who were served or who appeared in the action. In other respects the writ
shall contain the directions specified in subsections 1 and 4 of NRS
21.020 .
[1911 CPA § 340; RL § 5282; NCL § 8838]
The execution shall be returnable
to the clerk with whom the judgment roll is filed not less than 10 nor
more than 60 days after its receipt by the sheriff.
[1911 CPA § 341; RL § 5283; NCL § 8839]—(NRS A 1969, 386)
Where a judgment requires
the payment of money or the delivery of real or personal property, the
same shall be enforced in those respects by execution. Where it requires
the performance of any other act, a certified copy of the judgment may be
served upon the party against whom it is given, or upon the person or
officer who is required thereby, or by law, to obey the same, and his
obedience thereto enforced.
[1911 CPA § 342; RL § 5284; NCL § 8840]
Notwithstanding the death of a party after the judgment, execution
thereon may be issued, in case of the death of the plaintiff, the same as
if he were living, upon the application of his executor or administrator,
or successor in interest, to the court in which the judgment was
rendered; and in case of the death of the defendant, if the judgment be
for the recovery of real or personal property, execution may be issued
against such property, in the same manner and with the same effect as if
he were still living.
[1911 CPA § 343; RL § 5285; NCL § 8841]
Where the execution is
against the property of the judgment debtor, it may be issued to the
sheriff of any county in the State. Where it requires the delivery of
real or personal property, it shall be issued to the sheriff of the
county where the property, or some part thereof, is situated. Executions
may be issued at the same time to different counties.
[1911 CPA § 344; RL § 5286; NCL § 8842]
1. Execution on the writ of execution by levying on the property
of the judgment debtor may occur only if the sheriff serves the judgment
debtor with a notice of the writ of execution pursuant to NRS 21.076
and a copy of the writ. The notice must
describe the types of property exempt from execution and explain the
procedure for claiming those exemptions in the manner required in
subsection 2. The clerk of the court shall attach the notice to the writ
of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be
substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to ....................
(name of person), the judgment creditor. He has begun the procedure to
collect that money by garnishing your wages, bank account and other
personal property held by third persons or by taking money or other
property in your possession.
Certain benefits and property owned by you may be exempt from
execution and may not be taken from you. The following is a partial list
of exemptions:
1. Payments received pursuant to the federal Social Security Act,
including, without limitation, retirement and survivors’ benefits,
supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the
Public Employees’ Retirement System.
3. Payments for public assistance granted through the Division of
Welfare and Supportive Services of the Department of Health and Human
Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment
benefits.
7. Payments received as unemployment compensation.
8. Veteran’s benefits.
9. A homestead in a dwelling or a mobile home, not to exceed
$350,000, unless:
(a) The judgment is for a medical bill, in which case all of the
primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for
the dwelling or mobile home, in which case all of the dwelling or mobile
home and its appurtenances are exempt, including the land on which they
are located, unless a valid waiver executed pursuant to NRS 115.010
is applicable to the judgment.
10. A vehicle, if your equity in the vehicle is less than $15,000.
11. Seventy-five percent of the take-home pay for any workweek,
unless the weekly take-home pay is less than 50 times the federal minimum
hourly wage, in which case the entire amount may be exempt.
12. Money, not to exceed $500,000 in present value, held in:
(a) An individual retirement arrangement which conforms with the
applicable limitations and requirements of section 408 or 408A of the
Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b) A written simplified employee pension plan which conforms with
the applicable limitations and requirements of section 408 of the
Internal Revenue Code, 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan
pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or
profit-sharing plan that is a qualified plan pursuant to sections 401 et
seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant
to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter
353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. §
529, unless the money is deposited after the entry of a judgment against
the purchaser or account owner or the money will not be used by any
beneficiary to attend a college or university.
13. All money and other benefits paid pursuant to the order of a
court of competent jurisdiction for the support, education and
maintenance of a child, whether collected by the judgment debtor or the
State.
14. All money and other benefits paid pursuant to the order of a
court of competent jurisdiction for the support and maintenance of a
former spouse, including the amount of any arrearages in the payment of
such support and maintenance to which the former spouse may be entitled.
15. A vehicle for use by you or your dependent which is specially
equipped or modified to provide mobility for a person with a permanent
disability.
16. A prosthesis or any equipment prescribed by a physician or
dentist for you or your dependent.
17. Payments, in an amount not to exceed $16,150, received as
compensation for personal injury, not including compensation for pain and
suffering or actual pecuniary loss, by the judgment debtor or by a person
upon whom the judgment debtor is dependent at the time the payment is
received.
18. Payments received as compensation for the wrongful death of a
person upon whom the judgment debtor was dependent at the time of the
wrongful death, to the extent reasonably necessary for the support of the
judgment debtor and any dependent of the judgment debtor.
19. Payments received as compensation for the loss of future
earnings of the judgment debtor or of a person upon whom the judgment
debtor is dependent at the time the payment is received, to the extent
reasonably necessary for the support of the judgment debtor and any
dependent of the judgment debtor.
20. Payments received as restitution for a criminal act.
Ê These exemptions may not apply in certain cases such as a proceeding to
enforce a judgment for support of a person or a judgment of foreclosure
on a mechanic’s lien. You should consult an attorney immediately to
assist you in determining whether your property or money is exempt from
execution. If you cannot afford an attorney, you may be eligible for
assistance through .................... (name of organization in county
providing legal services to indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is
exempt, you must complete and file with the clerk of the court a
notarized affidavit claiming the exemption. A copy of the affidavit must
be served upon the sheriff and the judgment creditor within 8 days after
the notice of execution is mailed. The property must be returned to you
within 5 days after you file the affidavit unless you or the judgment
creditor files a motion for a hearing to determine the issue of
exemption. If this happens, a hearing will be held to determine whether
the property or money is exempt. The motion for the hearing to determine
the issue of exemption must be filed within 10 days after the affidavit
claiming exemption is filed. The hearing to determine whether the
property or money is exempt must be held within 10 days after the motion
for the hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR
PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN
IF THE PROPERTY OR MONEY IS EXEMPT.
(Added to NRS by 1989, 1135; A 1991, 811, 1412; 1995, 227, 1071;
1997, 265, 3412; 2003, 1010 , 1812 ; 2005, 382 , 1012 , 2228 )
The notice required by NRS 21.075 must be served by the sheriff on the judgment
debtor by regular mail at his last known address or, if he is represented
by an attorney, at the attorney’s office. The service must be mailed by
the next business day after the day the writ of execution was served.
(Added to NRS by 1989, 1136)
1. All goods, chattels, moneys and other property, real and
personal, of the judgment debtor, or any interest therein of the judgment
debtor not exempt by law, and all property and rights of property seized
and held under attachment in the action, shall be liable to execution.
Subject to the provisions of chapter 104 of
NRS, shares and interests in any corporation or company, and debts and
credits and other property not capable of manual delivery, may be
attached in execution in like manner as upon writs of attachments. Gold
dust and bullion shall be returned by the officer as so much money
collected, at its current value, without exposing the same to sale. Until
a levy, property shall not be affected by the execution.
2. This chapter does not authorize the seizure of, or other
interference with, any money, thing in action, lands or other property
held in spendthrift trust for a judgment debtor, or held in such trust
for any beneficiary, pursuant to any judgment, order or process of any
bankruptcy or other court directed against any such beneficiary or his
trustee, where the trust has been created by, or the fund so held in
trust has proceeded from, any person other than the judgment debtor or
beneficiary himself.
[1911 CPA § 345; A 1939, 60; 1931 NCL § 8843]—(NRS A 1965, 913)
1. The following property is exempt from execution, except as
otherwise specifically provided in this section or required by federal
law:
(a) Private libraries, works of art, musical instruments and
jewelry not to exceed $5,000 in value, belonging to the judgment debtor
or a dependent of the judgment debtor, to be selected by the judgment
debtor, and all family pictures and keepsakes.
(b) Necessary household goods, furnishings, electronics, wearing
apparel, other personal effects and yard equipment, not to exceed $12,000
in value, belonging to the judgment debtor or a dependent of the judgment
debtor, to be selected by the judgment debtor.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies
and seed not to exceed $4,500 in value, belonging to the judgment debtor
to be selected by him.
(d) Professional libraries, equipment, supplies, and the tools,
inventory, instruments and materials used to carry on the trade or
business of the judgment debtor for the support of himself and his family
not to exceed $10,000 in value.
(e) The cabin or dwelling of a miner or prospector, his cars,
implements and appliances necessary for carrying on any mining operations
and his mining claim actually worked by him, not exceeding $4,500 in
total value.
(f) Except as otherwise provided in paragraph (o), one vehicle if
the judgment debtor’s equity does not exceed $15,000 or the creditor is
paid an amount equal to any excess above that equity.
(g) For any workweek, 75 percent of the disposable earnings of a
judgment debtor during that week, or 50 times the minimum hourly wage
prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of
1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are
payable, whichever is greater. Except as otherwise provided in paragraphs
(n), (r) and (s), the exemption provided in this paragraph does not apply
in the case of any order of a court of competent jurisdiction for the
support of any person, any order of a court of bankruptcy or of any debt
due for any state or federal tax. As used in this paragraph:
(1) “Disposable earnings” means that part of the earnings of
a judgment debtor remaining after the deduction from those earnings of
any amounts required by law to be withheld.
(2) “Earnings” means compensation paid or payable for
personal services performed by a judgment debtor in the regular course of
business, including, without limitation, compensation designated as
income, wages, tips, a salary, a commission or a bonus. The term includes
compensation received by a judgment debtor that is in the possession of
the judgment debtor, compensation held in accounts maintained in a bank
or any other financial institution or, in the case of a receivable,
compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and
carriages, hose, buckets, implements and apparatus thereunto
appertaining, and all furniture and uniforms of any fire company or
department organized under the laws of this State.
(i) All arms, uniforms and accouterments required by law to be kept
by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots,
grounds and personal property, the fixtures, furniture, books, papers and
appurtenances belonging and pertaining to the courthouse, jail and public
offices belonging to any county of this State, all cemeteries, public
squares, parks and places, public buildings, town halls, markets,
buildings for the use of fire departments and military organizations, and
the lots and grounds thereto belonging and appertaining, owned or held by
any town or incorporated city, or dedicated by the town or city to
health, ornament or public use, or for the use of any fire or military
company organized under the laws of this State and all lots, buildings
and other school property owned by a school district and devoted to
public school purposes.
(k) All money, benefits, privileges or immunities accruing or in
any manner growing out of any life insurance, if the annual premium paid
does not exceed $15,000. If the premium exceeds that amount, a similar
exemption exists which bears the same proportion to the money, benefits,
privileges and immunities so accruing or growing out of the insurance
that the $15,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law, including a homestead for
which allodial title has been established and not relinquished and for
which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for
himself and family, where the amount of equity held by the judgment
debtor in the home does not exceed $350,000 in value and the dwelling is
situated upon lands not owned by him.
(n) All property in this State of the judgment debtor where the
judgment is in favor of any state for failure to pay that state’s income
tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his
dependent that is equipped or modified to provide mobility for a person
with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or
dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with
the applicable limitations and requirements of section 408 or 408A of the
Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2) A written simplified employee pension plan which
conforms with the applicable limitations and requirements of section 408
of the Internal Revenue Code, 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan
pursuant to the Internal Revenue Code;
(4) A trust forming part of a stock bonus, pension or
profit-sharing plan which is a qualified plan pursuant to sections 401 et
seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program
pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter
353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. §
529, unless the money is deposited after the entry of a judgment against
the purchaser or account owner or the money will not be used by any
beneficiary to attend a college or university.
(r) All money and other benefits paid pursuant to the order of a
court of competent jurisdiction for the support, education and
maintenance of a child, whether collected by the judgment debtor or the
State.
(s) All money and other benefits paid pursuant to the order of a
court of competent jurisdiction for the support and maintenance of a
former spouse, including the amount of any arrearages in the payment of
such support and maintenance to which the former spouse may be entitled.
(t) Payments, in an amount not to exceed $16,150, received as
compensation for personal injury, not including compensation for pain and
suffering or actual pecuniary loss, by the judgment debtor or by a person
upon whom the judgment debtor is dependent at the time the payment is
received.
(u) Payments received as compensation for the wrongful death of a
person upon whom the judgment debtor was dependent at the time of the
wrongful death, to the extent reasonably necessary for the support of the
judgment debtor and any dependent of the judgment debtor.
(v) Payments received as compensation for the loss of future
earnings of the judgment debtor or of a person upon whom the judgment
debtor is dependent at the time the payment is received, to the extent
reasonably necessary for the support of the judgment debtor and any
dependent of the judgment debtor.
(w) Payments received as restitution for a criminal act.
(x) Payments received pursuant to the federal Social Security Act,
including, without limitation, retirement and survivors’ benefits,
supplemental security income benefits and disability insurance benefits.
2. Except as otherwise provided in NRS 115.010 , no article or species of property mentioned
in this section is exempt from execution issued upon a judgment to
recover for its price, or upon a judgment of foreclosure of a mortgage or
other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of
the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property
owned by a resident of this State unless conferred also by subsection 1,
as limited by subsection 2.
[1911 CPA § 346; A 1921, 22; 1941, 32; 1931 NCL § 8844]—(NRS A
1969, 841; 1971, 1498; 1973, 23; 1975, 215; 1977, 650; 1979, 985, 1637;
1981, 626; 1983, 99, 665; 1987, 1206; 1989, 4, 176, 645; 1991, 812, 1414;
1993, 2629; 1995, 229; 1997, 267, 3414; 2003, 1012 , 1814 ; 2005, 385 , 974 , 1015 , 2230 )
The primary dwelling, including a mobile or manufactured
home, of a judgment debtor is exempt from execution upon a judgment for a
medical bill. The parcel of land upon which the dwelling is situated and
any appurtenances thereto are also exempt if they are owned by the
judgment debtor. These exemptions apply during the:
1. Lifetime of the judgment debtor, his spouse, his dependent
adult child if that child is mentally or physically disabled or a joint
tenant if he was a joint tenant when the judgment was entered; or
2. Minority of any child of the judgment debtor, if the judgment
debtor or joint tenant resides in the dwelling, or the spouse, dependent
or minor child of the judgment debtor resides in the dwelling.
(Added to NRS by 1989, 10)
1. Any bona fide owner of a collection or cabinet of metal-bearing
ores, geological specimens, art curiosities, or paleontological remains
who shall properly arrange, classify, number and catalog in a suitable
book or books of reference any such collection of ores, specimens,
curiosities or remains, whether the same be kept at a private residence
or in a public hall or in a place of public business or traffic, shall be
entitled to hold the same exempt from execution as other property is
exempted from execution under the provisions of NRS 21.090 .
2. The owner of any collection or cabinet as described in
subsection 1 shall keep constantly at or near such collection or cabinet,
for free inspection of all visitors who may desire to examine the same,
written or printed catalogs as provided in subsection 1. Any person
owning such collection or cabinet who fails or neglects to comply with
the provisions of this section shall forfeit all right to hold such
collection or cabinet exempt from legal execution as provided herein.
3. Nothing in this section shall be construed so as to exempt from
execution any numismatic collection, such as gold and silver coins, paper
currency, bank notes, legal tender currency, national or state bonds, or
any negotiable note, or valuable copper, bronze, nickel, platinum or
other coin.
[1:60:1879; BH § 4986; C § 5023; RL § 5822; NCL § 9426] +
[2:60:1879; BH § 4987; C § 5024; RL § 5823; NCL § 9427] + [3:60:1879; BH
§ 4988; C § 5025; RL § 5824; NCL § 9428]
The sheriff shall, in
the manner provided for writs of attachments in NRS 31.060 , execute the writ against the property of the
judgment debtor by levying on a sufficient amount of property, if there
is sufficient, collecting or selling the things in action and selling the
other property, and paying to the plaintiff or his attorneys so much of
the proceeds as will satisfy the judgment, or depositing the amount with
the clerk of the court. Any excess in the proceeds over the judgment and
the sheriff’s fees must be returned to the judgment debtor. When there is
more property of the judgment debtor than is sufficient to satisfy the
judgment and the sheriff’s fees within the view of the sheriff, he shall
levy only on such part of the property as the judgment debtor may
indicate; provided:
1. That the judgment debtor may indicate at the time of the levy
such part.
2. That the property indicated be amply sufficient to satisfy such
judgment and fees.
[1911 CPA § 347; RL § 5289; NCL § 8845]—(NRS A 1989, 463)
1. In order to claim exemption of any property levied on, the
judgment debtor must, within 8 days after the notice prescribed in NRS
21.075 is mailed, serve on the sheriff
and judgment creditor and file with the clerk of the court issuing the
writ of execution an affidavit setting out his claim of exemption. The
clerk of the court shall provide the form for the affidavit.
2. When the affidavit is served, the sheriff shall release the
property if the judgment creditor, within 5 days after written demand by
the sheriff:
(a) Fails to give the sheriff an undertaking executed by two good
and sufficient sureties which:
(1) Is in a sum equal to double the value of the property
levied on; and
(2) Indemnifies the judgment debtor against loss, liability,
damages, costs and attorney’s fees by reason of the taking, withholding
or sale of the property by the sheriff; or
(b) Fails to file a motion for a hearing to determine whether the
property or money is exempt.
Ê The clerk of the court shall provide the form for the motion.
3. At the time of giving the sheriff the undertaking provided for
in subsection 2, the judgment creditor shall give notice of the
undertaking to the judgment debtor.
4. The sheriff is not liable to the judgment debtor for damages by
reason of the taking, withholding or sale of any property, where:
(a) No affidavit claiming exemption is served on him; or
(b) An affidavit claiming exemption is served on him, but the
sheriff fails to release the property in accordance with this section.
5. Unless the court continues the hearing for good cause shown,
the hearing to determine whether the property or money is exempt must be
held within 10 days after the motion for the hearing is filed.
6. The judgment creditor shall give the judgment debtor at least 5
days’ notice of the hearing.
(Added to NRS by 1971, 1497; A 1989, 1137; 1991, 456)
1. By entering into any undertaking provided for in NRS 21.112
, the sureties thereunder submit
themselves to the jurisdiction of the court and irrevocably appoint the
clerk of the court as agent upon whom any papers affecting liability on
the undertaking may be served. Liability on such undertaking may be
enforced on motion to the court without the necessity of an independent
action. The motion and such reasonable notice of the motion as the court
prescribes may be served on the clerk of the court, who shall forthwith
mail copies to the sureties if their addresses are known.
2. Exceptions to the sufficiency of the sureties and their
justification may be had and taken in the same manner as upon an
undertaking given in other cases under titles 2 and 3 of NRS. If they, or
others in their place, fail to justify at the time and place appointed,
the sheriff must release the property; but if no exception is taken
within 5 days after notice of receipt of the undertaking, the judgment
debtor shall be deemed to have waived any and all objections to the
sufficiency of the sureties.
(Added to NRS by 1971, 1497)
1. If personal property levied on under a writ of execution
belongs to a going business and the judgment debtor consents, the sheriff
shall place a keeper in charge of such property for a period of at least
2 days with the judgment creditor prepaying to the sheriff the expense of
such keeper.
2. During such period, the judgment debtor may continue to operate
in the ordinary course of business at his own expense if all sales are
for cash and the full proceeds are given to the keeper for the purpose of
the execution.
3. After such period, the sheriff shall take such property into
immediate custody unless other disposition is made by the court or agreed
to by the judgment creditor and judgment debtor.
(Added to NRS by 1971, 1498)
1. If personal property, including debts or credits due or to
become due, is not in the possession or control of the debtor, the
sheriff, upon instructions from the creditor and without requiring an
order of court, shall serve a writ of garnishment in aid of execution
upon the party in whose possession or control the property is found.
Notice of the writ of garnishment must be served upon the judgment debtor
in the same manner and form and within the time prescribed in NRS 21.075
and 21.076 for property levied upon by writ of execution.
2. If any property levied upon by writ of execution or by writ of
garnishment in aid of execution is claimed by a third person as his
property, the same rules prevail as to the contents and making of the
claim, as to the holding of the property and as to a hearing to determine
title thereto, as in the case of a claim after levy under writ of
attachment, as provided for by law.
[1911 CPA § 347 1/2; added 1933, 88; 1931 NCL § 8845.01]—(NRS A
1977, 482; 1989, 1137)
1. Before the sale of property on execution, notice of the sale,
in addition to the notice required pursuant to NRS 21.075 and 21.076 ,
must be given as follows:
(a) In cases of perishable property, by posting written notice of
the time and place of sale in three public places at the township or city
where the sale is to take place, for such a time as may be reasonable,
considering the character and condition of the property.
(b) In case of other personal property, by posting a similar notice
in three public places of the township or city where the sale is to take
place, not less than 5 nor more than 10 days before the sale, and, in
case of sale on execution issuing out of a district court, by the
publication of a copy of the notice in a newspaper, if there is one in
the county, at least twice, the first publication being not less than 10
days before the date of the sale.
(c) In case of real property, by:
(1) Personal service upon each judgment debtor or by
registered mail to the last known address of each judgment debtor;
(2) Posting a similar notice particularly describing the
property, for 20 days successively, in three public places of the
township or city where the property is situated and where the property is
to be sold; and
(3) Publishing a copy of the notice three times, once each
week, for 3 successive weeks, in a newspaper, if there is one in the
county. The cost of publication must not exceed the rate for legal
advertising as provided in NRS 238.070 .
If the newspaper authorized by this section to publish the notice of sale
neglects or refuses from any cause to make the publication, then the
posting of notices as provided in this section shall be deemed sufficient
notice. Notice of the sale of property on execution upon a judgment for
any sum less than $500, exclusive of costs, must be given only by posting
in three public places in the county, one of which must be the courthouse.
2. The sheriff shall not conduct a sale of the property on
execution or deliver the judgment debtor’s property to the judgment
creditor if the judgment debtor has not been properly notified as
required in this section and NRS 21.075
and 21.076 .
[1911 CPA § 348; A 1951, 153]—(NRS A 1965, 612; 1975, 651; 1989,
1138)
1. An officer selling without the notice prescribed by NRS 21.075
, 21.076 and 21.130
forfeits $500 to the aggrieved party, in addition to his actual damages.
2. A person willfully taking down or defacing the notice posted
pursuant to NRS 21.130 , if done before
the sale or, if the judgment is satisfied before sale, before the
satisfaction of the judgment, forfeits $500 to the aggrieved party.
[1911 CPA § 349; RL § 5291; NCL § 8847]—(NRS A 1989, 1138)
All sales of property under execution
shall be made at auction to the highest bidder, and shall be made between
the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to
satisfy the execution, no more shall be sold. Neither the officer holding
the execution nor his deputy shall become a purchaser or be interested in
any purchase at such sale. When the sale is of personal property capable
of manual delivery, it shall be in view of those who attend the sale and
be sold in such parcels as are likely to bring the highest price; and
when the sale is of real property and consisting of several known lots or
parcels, they shall be sold separately, or when a portion of such real
property is claimed by a third person and he requires it to be sold
separately, such portion shall be thus sold. All sales of real property
shall be made at the courthouse of the county in which the property or
some part thereof is situated. If the land to be sold under execution
consists of a single parcel, or two or more contiguous parcels, situated
in two or more counties, notice of the sale must be posted and published
in each of such counties, as provided in this chapter. The judgment
debtor, if present at the sale, may also direct the order in which
property, real or personal, shall be sold. When such property consists of
several known lots or parcels, or of articles which can be sold to
advantage separately, the sheriff shall be bound to follow such
directions.
[1911 CPA § 350; RL § 5292; NCL § 8848]
1. If a purchaser refuse to pay the amount bid by him for property
struck off to him at a sale under execution, the officer may again sell
the property to the highest bidder, after again giving the notice
hereinbefore provided.
2. If any loss be occasioned from the purchaser refusing to pay
his bid, the officer may recover the amount of such loss, with costs, for
the benefit of the party aggrieved, by motion upon previous notice of 5
days to such purchaser, before any court of competent jurisdiction.
3. Such court shall proceed in a summary manner in the hearing and
disposition of such motion, and give judgment and issue execution
therefor forthwith, but the refusing purchaser may claim a jury. And the
same proceedings may be had against any subsequent purchaser who shall
refuse to pay, and the officer may, in his discretion, thereafter reject
the bid of any person so refusing.
4. Subsections 1, 2 and 3 shall not be construed to make the
officer liable for any more than the amount bid by the second or
subsequent purchaser and the amount collected from the purchaser refusing
to pay.
[1911 CPA § 351; RL § 5293; NCL § 8849] + [1911 CPA § 352; RL §
5294; NCL § 8850] + [1911 CPA § 353; RL § 5295; NCL § 8851]
When the purchaser of any
personal property capable of manual delivery shall pay the purchase
money, the officer making the sale shall deliver to the purchaser the
property, and if desired shall execute and deliver to him a certificate
of the sale and payment. Such certificate shall convey to the purchaser
all the right, title and interest which the debtor had in and to such
property on the day the execution was levied.
[1911 CPA § 354; RL § 5296; NCL § 8852]
When the purchaser of any personal
property not capable of manual delivery shall pay the purchase money, the
officer making the sale shall execute and deliver to the purchaser a
certificate of sale and payment. Such certificate shall convey to the
purchaser all right, title and interest which the debtor had in and to
such property on the day the execution was levied.
[1911 CPA § 355; RL § 5297; NCL § 8853]
Upon a sale of real property, the purchaser shall
be substituted to and acquire all the right, title, interest and claim of
the judgment debtor thereto. When the estate is less than a leasehold of
2 years’ unexpired term, the sale shall be absolute. In all other cases
the real property shall be subject to redemption as provided in this
chapter. The officer shall give to the purchaser a certificate of the
sale containing:
1. A particular description of the real property sold.
2. The price bid for each distinct lot or parcel.
3. The whole price paid.
4. When subject to redemption it shall be so stated; and when the
judgment, under which the sale has been made, is made payable in a
specified kind of money or currency, the certificate shall also state the
kind of money or currency in which the redemption may be made, which
shall be the same as that specified in the judgment. A duplicate of such
certificate shall be filed by the officer in the office of the county
recorder of the county.
[1911 CPA § 356; RL § 5298; NCL § 8854]
1. Property sold subject to redemption, as provided in NRS 21.190
, or any part sold separately, may be
redeemed in the manner hereinafter provided by the following persons or
their successors in interest:
(a) The judgment debtor or his successor in interest, in the whole
or any part of the property.
(b) A creditor having a lien by judgment or mortgage on the
property sold, or on some share or part thereof, subsequent to that on
which the property was sold.
2. The person mentioned in paragraph (b) of subsection 1 is termed
a “redemptioner” in this chapter.
[1911 CPA § 357; RL § 5299; NCL § 8855]
The judgment debtor or
redemptioner may redeem the property from the purchaser any time within 1
year after the sale on paying the purchaser the amount of his purchase
price with 1 percent per month thereon in addition, to the time of
redemption, together with:
1. The amount of any assessment, taxes or payments toward liens
which were created prior to the purchase, which the purchaser may have
paid thereon after purchase, and interest on such amount; and
2. If the purchaser is also a creditor, having a prior lien to
that of the redemptioner, other than the judgment under which the
purchase was made, the amount of such lien, with interest.
[1911 CPA § 358; A 1933, 150; 1939, 53; 1931 NCL § 8856]—(NRS A
1973, 173)
1. If property be so redeemed by a redemptioner, another
redemptioner may, within 60 days after the last redemption, again redeem
it from the last redemptioner on paying the sum paid on such last
redemption with 2 percent thereon in addition, and the amount of any
assessments or taxes which the last redemptioner may have paid thereon
after the redemption by him, with interest on that amount, and in
addition the amount of any liens held by the last redemptioner prior to
his own, with interest, but the judgment under which the property was
sold need not be so paid as a lien.
2. The property may be again, and as often as a redemptioner is so
disposed, redeemed from any previous redemptioner within 60 days after
the last redemption, on paying the sum paid on the last previous
redemption, with 2 percent thereon in addition, and the amounts of any
assessments or taxes which the last previous redemptioner paid after the
redemption by him, with interest thereon, and the amount of any liens,
other than the judgment under which the property was sold, held by the
last redemptioner previous to his own, with interest.
3. Written notice of redemption must be given to the sheriff and a
duplicate recorded with the recorder of the county, and if any taxes or
assessments are paid by the redemptioner, or if he has or acquires any
lien other than that upon which the redemption was made, notice thereof
must in like manner be given to the sheriff and recorded with the
recorder and, if the notice is not recorded, the property may be redeemed
without paying the tax, assessment or lien.
4. If no redemption is made within 1 year after the sale, the
purchaser, or his assignee, is entitled to a conveyance or, if so
redeemed, whenever 60 days have elapsed and no other redemption has been
made and notice thereof given, and the time for redemption has expired,
the last redemptioner, or his assignee, is entitled to a sheriff’s deed,
but in all cases the judgment debtor has the entire period of 1 year
after the date of the sale to redeem the property.
5. If the judgment debtor redeems, he must make the same payments
as are required to effect a redemption by a redemptioner. If the debtor
redeems, the effect of the sale is terminated, and he is restored to his
estate.
6. Upon a redemption by the debtor, the person to whom the payment
is made must execute and deliver to him a certificate of redemption,
acknowledged or approved before a person authorized to take
acknowledgments of conveyances of real property. The certificate must be
recorded in the office of the recorder of the county in which the
property is situated.
[1911 CPA § 359; A 1933, 150; 1939, 53; 1931 NCL § 8857]—(NRS A
1969, 490; 1981, 1220; 2001, 1747 )
1. The payments mentioned in NRS 21.210 and 21.220
may be made to the purchaser or redemptioner, or for him to the officer
who made the sale. When the judgment under which the sale has been made
is payable in a specified kind of money or currency, payments must be
made in the same kind of money or currency, and a tender of the money is
equivalent to payment.
2. Notice of redemption must be served by a redemptioner upon the
sheriff and the person from whom he seeks to redeem together with:
(a) A copy of the docket of the judgment under which he claims the
right to redeem, certified by the clerk of the court or of the county
where the judgment is docketed, or, if he redeems upon a mortgage or
other lien, a note of the record thereof, certified by the recorder.
(b) A copy of any assignment necessary to establish his claim,
verified by the affidavit of himself, or his agent, or of a subscribing
witness thereto.
(c) An affidavit by himself, or his agent, showing the amount then
actually due on the lien.
3. Upon the payment to the sheriff of any money for the redemption
of property as provided in this chapter, the sheriff shall pay over the
same to the person entitled thereto.
[1911 CPA § 360; A 1939, 53; 1931 NCL § 8858]
Until the expiration of the
time allowed for redemption, the court may restrain the commission of
waste on the property, or may appoint a receiver to take charge of the
property, or the proceeds thereof, by order granted with or without
notice, on the application of the purchaser or the judgment creditor. But
it shall not be deemed waste for the person in possession of the property
at the time of sale, or entitled to possession afterwards, during the
period allowed for redemption, to continue to use it in the same manner
in which it was previously used; or to use it in the ordinary course of
husbandry; or to make necessary repairs of buildings thereon; or to use
wood or timber on the property therefor, or for the repair of fences, or
for fuel for his family while he occupies the property.
[1911 CPA § 362; RL § 5304; NCL § 8860]
The purchaser from
the time of a sale until a redemption, and a redemptioner from the time
of his redemption until another redemption, shall be entitled to receive
from the tenant in possession, the rents of the property sold, or the
value of the use and occupation thereof; but in case the property shall
be redeemed as provided in this chapter, the amount of such rents, and
profits which may have been received by such purchaser or redemptioner,
or which the purchaser or redemptioner may have been entitled to claim or
receive, unless such claim shall be released to the person claiming such
right of redemption, shall be deducted from the amount which the
purchaser or redemptioner would be entitled to receive on such redemption.
[1911 CPA § 363; RL § 5305; NCL § 8861]
1. If the purchaser of real property sold on execution, or his
successor in interest, or a redemptioner is evicted therefrom because of
irregularities in the proceedings concerning the sale or of the reversal
or discharge of the judgment, he may recover the price paid, with
interest, from the judgment creditor.
2. If the purchaser of property at a sheriff’s sale, or his
successor in interest, fails to recover possession in consequence of
irregularity in the proceedings concerning the sale, or because the
property sold was not subject to execution and sale, the court having
jurisdiction thereof shall, on petition of such party in interest, or his
attorney, revive the original judgment for the amount paid by the
purchaser at the sale, with interest thereon from the time of payment at
the same rate that the original judgment bore, and when so revived, the
judgment has the same effect as an original judgment of the court of that
date, and bearing interest as aforesaid, and any other or after-acquired
property, rents, issues or profits of the debtor is liable to levy and
sale, under execution in satisfaction of the debt if:
(a) No property of the debtor bona fide sold upon the recording of
the petition is subject to the lien of the judgment; and
(b) The notice of the recording of the petition is made by
recording a notice thereof in the office of the recorder of the county
where the property is situated, and that the judgment must be revived in
the name of the original plaintiff or plaintiffs, for the use of the
petitioner, the party in interest.
[1911 CPA § 364; RL § 5306; NCL § 8862]—(NRS A 2001, 1748 )
PROCEEDINGS SUPPLEMENTARY TO EXECUTION
1. A judgment creditor, at any time after the judgment is entered,
is entitled to an order from the judge of the court requiring the
judgment debtor to appear and answer upon oath or affirmation concerning
his property, before:
(a) The judge or a master appointed by him; or
(b) An attorney representing the judgment creditor,
Ê at a time and place specified in the order. No judgment debtor may be
required to appear outside the county in which he resides.
2. If the judgment debtor is required to appear before any person
other than a judge or master:
(a) His oath or affirmation must be administered by a notary
public; and
(b) The proceedings must be transcribed by a court reporter or
recorded electronically. The transcript or recording must be preserved
for 2 years.
3. A judgment debtor who is regularly served with an order issued
pursuant to this section, and who fails to appear at the time and place
specified in the order, may be punished for contempt by the judge issuing
the order.
[1911 CPA § 365; RL § 5307; NCL § 8863]—(NRS A 1983, 17; 1989, 902)
After the issuing of an
execution against property, and upon proof by affidavit of a party or
otherwise, to the satisfaction of the court or of the judge thereof, that
any judgment debtor has property which he unjustly refuses to apply
toward the satisfaction of the judgment, such court or judge may by an
order require the judgment debtor to appear at a specified time and place
before such judge, or master appointed by him, to answer concerning the
same; and such proceedings may thereupon be had for the application of
the property of the judgment debtor toward the satisfaction of the
judgment as are provided upon the return of an execution. Instead of the
order requiring the attendance of the judgment debtor, the judge may,
upon affidavit of the judgment creditor, his agent, or attorney, if it
appear to him that there is danger of the debtor absconding, order the
sheriff to arrest the debtor and bring him before such judge. Upon being
brought before the judge, he may be ordered to enter into an undertaking,
with sufficient surety, that he will attend from time to time before the
judge, or master, as shall be directed during the pendency of
proceedings, and until the final determination thereof, and will not in
the meantime dispose of any portion of his property not exempt from
execution. In default of entering into such undertaking, he may be
committed to prison.
[1911 CPA § 366; RL § 5308; NCL § 8864]
After the issuing of an
execution against property, any person indebted to the judgment debtor
may pay to the sheriff the amount of his debt, or so much thereof as may
be necessary to satisfy the execution, and the sheriff’s receipt shall be
a sufficient discharge for the amount so paid.
[1911 CPA § 367; RL § 5309; NCL § 8865]
After the
issuing or return of an execution against property of the judgment
debtor, or of any one of several debtors in the same judgment, and upon
proof by affidavit or otherwise, to the satisfaction of the judge, that
any person or corporation has property of such judgment debtor, or is
indebted to him in an amount exceeding $50, the judge may, by an order,
require such person or corporation, or any officer or member thereof, to
appear at a specified time and place before him, or a master appointed by
him, and answer concerning the same.
[1911 CPA § 368; RL § 5310; NCL § 8866]
Witnesses may be
required to appear and testify before the judge or master conducting any
proceeding under this chapter in the same manner as upon the trial of an
issue.
[1911 CPA § 369; RL § 5311; NCL § 8867]—(NRS A 1989, 903)
The judge or master may order any property of the judgment
debtor not exempt from execution, in the hands of such debtor or any
other person, or due to the judgment debtor, to be applied toward the
satisfaction of the judgment.
[1911 CPA § 370; RL § 5312; NCL § 8868]
If it appears that a person or
corporation alleged to have property of the judgment debtor, or indebted
to him, claims an interest in the property adverse to him, or denies the
debt, the court or judge may authorize, by an order made to that effect,
the judgment creditor to institute an action against such person or
corporation for the recovery of such interest or debt; and the court or
judge may, by order, forbid a transfer or other disposition of such
interest or debt until an action can be commenced and prosecuted to
judgment. Such order may be modified or vacated by the judge granting the
same, or the court in which the action is brought, at any time, upon such
terms as may be just.
[1911 CPA § 371; RL § 5313; NCL § 8869]
If any
person, party or witness disobey an order of the master, properly made in
the proceedings before him under this chapter, he may be punished by the
court or judge ordering the reference, for a contempt.
[1911 CPA § 372; RL § 5314; NCL § 8870]
