reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.292 - Garnishment of court clerks, sheriffs, justices of the peace, peace officers, other public officers, executors and administrators.

1. Clerks of the courts, sheriffs, justices of the peace, peace officers and all other officers who may, by virtue of their office, collect or hold money belonging to a defendant and all guardians, attorneys and trustees are subject to garnishment in the same manner and to the same extent as other persons are subject to be garnished.
2. Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment may be rendered against them until a settlement is made of the estate, unless they assent to the legacy or admit assets to pay the amount claimed, or some portion thereof, out of the distributive share of the debtor.
(Added to NRS by 1973, 1185)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.293 - Unpaid subscription to corporate stock subject to garnishment by creditor of corporation.

Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts.
(Added to NRS by 1973, 1185)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.294 - Procedure for garnishment when another action pending.

Money, property, demands, debts, claims, choses in action and any other property which is subject to garnishment may be reached and subjected even though another action is pending thereon. If the other action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the other action, must stay such proceedings against such garnishee until notified that a final judgment has been rendered. Upon such notification the court shall make an appropriate order, according to the judgment, in favor of the defendant for the use of the plaintiff or in favor of the garnishee defendant. The judgment, if rendered against the garnishee, acquits the garnishee from all demands by the defendant for all money, property, goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.
(Added to NRS by 1973, 1185)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.2945 - Garnishment under foreign judgment: Liability for failure to comply with Uniform Enforcement of Foreign Judgments Act.

1. Any judgment debtor who is a resident of this State and who maintains an account or any other property at a branch of a financial institution located in this State or whose earnings are derived from employment in this State may bring a civil action against a judgment creditor under a foreign judgment if the judgment creditor, without satisfying the requirements of NRS 17.330 to 17.400, inclusive, has obtained a writ of garnishment to satisfy all or part of the foreign judgment from:
(a) The earnings of the judgment debtor derived from employment in this State; or
(b) Money in the account or any other property maintained by the judgment debtor at a branch of a financial institution located in this State.
2. A judgment debtor who prevails in an action brought under this section may recover from the judgment creditor damages equal to two times any amount paid to the judgment creditor under the writ of garnishment. If the judgment debtor prevails in an action brought under this section, the court must award reasonable attorney’s fees and costs to the plaintiff.
3. As used in this section, "foreign judgment" has the meaning ascribed to it in NRS 17.340.
(Added to NRS by 2017, 1973)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.295 - Garnishment of earnings: Limitations on amount.

1. As used in this section:
(a) "Disposable earnings" means that part of the earnings of any person remaining after the deduction from those earnings of any amounts required by law to be withheld.
(b) "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.
2. The maximum amount of the aggregate disposable earnings of a person which are subject to garnishment may not exceed:
(a) Eighteen percent of the person’s disposable earnings for the relevant workweek if the person’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less;
(b) Twenty-five percent of the person’s disposable earnings for the relevant workweek if the person’s gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770; or
(c) The amount by which the person’s disposable earnings for that week exceed 50 times the federal minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., in effect at the time the earnings are payable,
whichever is less.
3. The restrictions of subsection 2 do not apply in the case of:
(a) Any order of any court for the support of any person.
(b) Any order of any court of bankruptcy.
(c) Any debt due for any state or federal tax.
4. Except as otherwise provided in this subsection, the maximum amount of the aggregate disposable earnings of a person for any workweek which are subject to garnishment to enforce any order for the support of any person may not exceed:
(a) Fifty percent of the person’s disposable earnings for that week if the person is supporting a spouse or child other than the spouse or child for whom the order of support was rendered; or
(b) Sixty percent of the person’s disposable earnings for that week if the person is not supporting such a spouse or child,
except that if the garnishment is to enforce a previous order of support with respect to a period occurring at least 12 weeks before the beginning of the workweek, the limits which apply to the situations described in paragraphs (a) and (b) are 55 percent and 65 percent, respectively.
(Added to NRS by 1971, 1499; A 1985, 1430; 2005, 1020; 2017, 1982)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.2955 - Garnishment of earnings: Calculations for determining gross weekly salary or wage of employee.

1. For the purposes of NRS 31.240 to 31.460, inclusive:
(a) Except as otherwise provided in paragraphs (b) and (c), the gross weekly salary or wage of an employee must be determined by dividing the employee’s gross earnings for the current calendar year as of the date the most recent writ of garnishment was issued by the total number of weeks the employee has worked in the current calendar year.
(b) If the most recent writ of garnishment was issued at the beginning of the current calendar year before an employee received any earnings in the current calendar year, but the employee received earnings in the previous calendar year, the gross weekly salary or wage of the employee must be determined by dividing the employee’s gross earnings for the previous calendar year by the total number of weeks the employee worked in the previous calendar year.
(c) If an employee has not been employed long enough to have been paid as of the date the most recent writ of garnishment was issued, or if the provisions of paragraph (a) or (b) do not otherwise apply, the gross weekly salary or wage of the employee is the anticipated gross weekly earnings of the employee as determined by his or her employer.
2. For the purpose of determining the total number of weeks an employee has worked in the current calendar year pursuant to paragraph (a) of subsection 1 or the total number of weeks an employee worked in the previous calendar year pursuant to paragraph (b) of subsection 1, if the total number of weeks is not exact, the number must be:
(a) Rounded down if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 3 days or less; and
(b) Rounded up if the number of days the employee was on the payroll of his or her employer in excess of a whole week is 4 days or more.
(Added to NRS by 2017, 1974)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.296 - Garnishment of earnings: Period of garnishment; fee for withholding; termination of employment; periodic report by judgment creditor.

1. Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 180 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.
2. In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.
3. If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:
(a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.
(b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.
4. The judgment creditor who caused the writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 180 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor’s right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. Any subsequent application for writ made by the judgment creditor concerning the same debt must not be approved unless such an accounting and report are submitted with the application.
(Added to NRS by 1989, 699; A 2011, 1907; 2013, 3811; 2017, 1983)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.297 - Garnishment of earnings: Liability of employer for refusal to withhold or for misrepresentation of earnings.

1. If without legal justification an employer of the defendant refuses to withhold earnings of the defendant demanded in a writ of garnishment or knowingly misrepresents the earnings of the defendant, the court may order the employer to appear and show cause why the employer should not be subject to the penalties prescribed in subsection 2.
2. If after a hearing upon the order to show cause, the court determines that an employer, without legal justification, refused to withhold the earnings of a defendant demanded in a writ of garnishment or knowingly misrepresented the earnings of the defendant, the court shall order the employer to pay the plaintiff, if the plaintiff has received a judgment against the defendant, the amount of arrearages caused by the employer’s refusal to withhold or the employer’s misrepresentation of the defendant’s earnings. In addition, the court may order the employer to pay the plaintiff punitive damages in an amount not to exceed $1,000 for each pay period in which the employer has, without legal justification, refused to withhold the defendant’s earnings or has misrepresented the earnings.
(Added to NRS by 1989, 699)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.298 - Garnishment of earnings: Unlawful to discharge or discipline employee.

It is unlawful for an employer to discharge or discipline an employee exclusively because the employer is required to withhold the employee’s earnings pursuant to a writ of garnishment.
(Added to NRS by 1989, 700)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.300 - Property to be delivered to sheriff; sale; judgment against garnishee.

1. If the answer of the garnishee shows that the garnishee has personal property of any kind in his or her possession, or under his or her control, belonging to the defendant, the court, upon application of the plaintiff with written notice to the garnishee at the address supplied on the answers to the interrogatories or to the attorney for the garnishee, shall enter judgment that the garnishee deliver the same to the sheriff, and if the plaintiff recover judgment against the defendant in the action, such property or so much thereof as may be necessary shall be sold as upon execution, and the proceeds applied toward the satisfaction of such judgment, together with the costs of the action and proceedings, and if there be a surplus of such property, or of the proceeds thereof, it shall be restored to the defendant.
2. If the answer shows that the garnishee is in possession of money, debts, credits or choses in action, or has any of such items under the garnishee’s control, or is in any way indebted to the defendant, then, if the plaintiff recover judgment against the defendant in the action, the court shall also, upon application of the plaintiff with written notice to the garnishee or the garnishee’s attorney in the manner provided in subsection 1, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for the amount of the indebtedness, choses in action, debts or credits admitted in the answer; but the judgment against the garnishee shall not be for a greater sum than is necessary to satisfy the judgment of the plaintiff against the defendant, together with costs as aforesaid; and in no case shall the garnishee be chargeable with costs unless the garnishee’s answer shall be successfully controverted as hereinafter provided.
[1911 CPA § 233; RL § 5175; NCL § 8731]—(NRS A 1973, 1186)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.310 - Property to be retained by garnishee or delivered to officer; effect of delivery; certificate of receipt of property.

1. Subject to order of the court, a garnishee defendant upon whom a writ of garnishment has been duly served shall not pay any debt due or to become due to the defendant and shall retain in the garnishee’s possession and control, or deliver to the sheriff as provided herein, all personal property, effects, goods, chattels, rights, debts, credits or choses in action of the defendant.
2. In all cases the garnishee, upon submitting the garnishee’s answers to the garnishee interrogatories, may deliver to the sheriff or the officer serving the writ the property belonging to the defendant, together with the money due to the defendant, and the sheriff or officer shall give the garnishee defendant a receipt therefor, and thereupon the garnishee is relieved from further liability in the proceedings, unless the garnishee’s answer is successfully controverted.
3. The sheriff or officer shall hold the property and money to be dealt with as provided in NRS 31.300 and shall, by certificate, make return to the court showing the receipt thereof specifically describing the money and property and setting forth the date and time of its receipt. The certificate forms a part of the return of the writ of garnishment.
[1911 CPA § 234; RL § 5176; NCL § 8732]—(NRS A 1973, 1186; 2001, 476)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.320 - Judgment against garnishee on failure to answer; relief from judgment.

1. If the garnishee has been duly served with the writ of garnishment and interrogatories, and been paid or tendered the fee of $5, and the fact of the payment or tender is duly certified by the officer who served the writ over the officer’s official signature, or that fact is made to appear by the person serving the writ under oath, but the garnishee fails, neglects or refuses to answer the interrogatories within the time required, the court shall, upon application therefor by the plaintiff with at least 5 days’ notice of the hearing upon the application given to each defendant who has appeared in the action, enter judgment in favor of the defendant for the use of the plaintiff against the garnishee for:
(a) The value of the property or amount of money specified in the writ of garnishment; or
(b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section.
2. On motion and upon such terms as are just, the court may relieve a garnishee defendant or the garnishee defendant’s legal representative from any final judgment against the garnishee defendant for the same reasons and upon the same terms and conditions as provided for by rule of court for relief from a judgment or order in civil cases.
[1911 CPA § 235; RL § 5177; NCL § 8733]—(NRS A 1973, 1187; 2001, 476)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.330 - Answer of garnishee; reply of plaintiff by affidavit.

If the garnishee answers as required by the writ, the plaintiff may, within 20 days after the expiration of the time allowed for the filing of such answer, reply to the whole or any part thereof by an affidavit traversing the same; the plaintiff may also in the plaintiff’s reply allege any matters which would charge the garnishee with liability according to the provisions of this chapter, and such affidavit may be upon information and belief. If the plaintiff fails to reply within the time aforesaid, the plaintiff shall be deemed to have accepted the answer of the garnishee as true, and judgment may be entered accordingly.
[1911 CPA § 236; RL § 5178; NCL § 8734]—(NRS A 1973, 1187)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.340 - New matter in plaintiff’s reply deemed denied; trial; judgment; costs; attorney’s fees.

New matter in the affidavit replying to the answer of the garnishee shall be taken as denied or avoided, and the matter thus at issue without further pleadings shall be tried in the same manner as other issues of like nature, and upon the verdict or finding thereon, judgment shall be entered the same as if the garnishee had answered according to such verdict or finding; but if the verdict or finding is as favorable to the garnishee as the garnishee’s answer, the garnishee shall recover costs of the proceeding against the plaintiff, together with a reasonable attorney’s fee, otherwise the plaintiff shall recover costs against the garnishee, together with a reasonable attorney’s fee.
[1911 CPA § 237; RL § 5179; NCL § 8735]—(NRS A 1973, 1187)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.350 - Third person may be interpleaded as defendant; notice; proceedings.

When the answer of the garnishee discloses that any other person than the defendant claims the indebtedness or property in the garnishee’s hands, and the name and address of such claimant, the court shall, on motion and notice to all parties to the action including the garnishee defendant, order that such claimant be interpleaded as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon the claimant, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action, and shall answer within 20 days, setting forth the claimant’s claim, or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant.
[1911 CPA § 238; RL § 5180; NCL § 8736]—(NRS A 1973, 1188)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.360 - Garnishee may retain or deduct amounts due to garnishee by either party; record of judgment to show any counterclaims allowed.

Every garnishee shall be allowed to retain or deduct out of the property, effects or credits of the defendant in the garnishee’s hands all demands against the plaintiff and all demands against the defendant of which the garnishee could have availed himself or herself if the garnishee had not been summoned as garnishee, whether the same are at the time due or not, and the garnishee shall be liable for the balance, only after all mutual demands between the garnishee and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries; but the verdict or finding as well as the record of the judgment shall show in all cases against which party, and the amount thereof, any counterclaim shall be allowed, if any shall be allowed.
[1911 CPA § 239; RL § 5181; NCL § 8737]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.370 - Judgment acquits garnishee for amounts paid.

The judgment against a garnishee shall acquit the garnishee from all demands by the defendant for all goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.
[1911 CPA § 240; RL § 5182; NCL § 8738]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.380 - Discharge of garnishee does not bar action by defendant; exception.

If the person summoned as garnishee is discharged for any reason, except the payment by the garnishee of the money or property the garnishee holds for the benefit of the defendant, the judgment shall be no bar to an action brought against the garnishee by the defendant for the same demand.
[1911 CPA § 241; RL § 5183; NCL § 8739]—(NRS A 1973, 1188)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.390 - Judgment against garnishee for debt not due; execution deferred until debt due.

When the judgment is rendered against any garnishee and it shall appear that the debt from the garnishee to the defendant is not yet due, execution shall not issue until the debt shall have become due.
[1911 CPA § 242; RL § 5184; NCL § 8740]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.400 - Property in hands of garnishee subject to security interest to be delivered to sheriff on payment or tender by plaintiff.

When any personal property, choses in action or effects of the defendant in the hands of a garnishee are subject to a security interest, or in any way liable for the payment of a debt to the garnishee, the plaintiff may, under an order of the court for that purpose, pay or tender the amount due to the garnishee, and thereupon the garnishee shall deliver the personal property, choses in action and effects to the sheriff as in other cases.
[1911 CPA § 243; RL § 5185; NCL § 8741]—(NRS A 1965, 915)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.410 - Property held by garnishee to secure performance to be delivered to sheriff upon performance or tender by plaintiff.

If the personal property or effects are held for any purpose other than to secure the payment of money, and if the contract, condition or other thing to be done or performed is such as can be performed by the plaintiff without damage to the other parties, the court may make an order for the performance thereof by the plaintiff, and upon such performance, or a tender of performance, the garnishee shall deliver the personal property and effects to the sheriff as in other cases.
[1911 CPA § 244; RL § 5186; NCL § 8742]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.420 - Disposal of property received by sheriff; reimbursement of plaintiff.

All personal property, choses in action and effects received by the sheriff under either NRS 31.400 or 31.410 shall be disposed of in the same manner as if they had been delivered by the garnishee without condition, except that the plaintiff shall, out of the proceeds thereof, be first repaid the amount paid by the plaintiff to the garnishee for the redemption of the same, or shall be indemnified for any other act or thing by the plaintiff done or performed, pursuant to the order of the court for the redemption of the same.
[1911 CPA § 245; RL § 5187; NCL § 8743]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.450 - Issuance of writ of garnishment after judgment; procedure; liberal construction.

Any person having a judgment remaining unsatisfied in any court of record in the State, upon which execution has been issued and delivered, and which remains in the hands of the proper officer uncollected and unsatisfied, may, without application to the court, have a writ of garnishment issued, and thereupon attach the credits, effects, debts, choses in action and other personal property of the judgment debtor in the possession or under the control of any third person as garnishee, for the security of such judgment, and all rights, remedies and proceedings under this chapter are hereby made specifically available and applicable for the relief and security of such judgment creditor, the same as for a plaintiff in attachment, and the same are also made especially available and applicable for the protection and security of the judgment debtor and the garnishee, the same as for the defendant and garnishee in attachment; and the forms of all affidavits, interrogatories, writs, answers, oaths, orders, trials, judgments and other process and proceedings hereinbefore provided for cases of garnishment before judgment, with appropriate variations, shall apply to cases of garnishment after judgment; and all courts shall be liberal in allowing amendments, and in construing this chapter so as to promote the objects thereof.
[1911 CPA § 248; RL § 5190; NCL § 8746]—(NRS A 1973, 1188)
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.460 - New trials and appeals.

Motions for new trial may be made in the same time and manner and shall be allowed for the same grounds in garnishment proceedings as in other civil trials; and appeals may be taken and prosecuted from any final judgment or order in such proceedings as in other civil cases.
[1911 CPA § 249; RL § 5191; NCL § 8747]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.480 - Cases in which defendant may be arrested.

The defendant may be arrested, as hereinafter prescribed, in the following cases:
1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud the defendant’s creditors, or when the action is for libel or slander.
2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his or her own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk in the course of his or her employment as such or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for a willful violation of duty.
3. In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of so that it cannot be found or taken by the sheriff.
4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought.
5. When the defendant has removed or disposed of the defendant’s property, or is about to do so, with intent to defraud the defendant’s creditors.
[1911 CPA § 146; RL § 5088; NCL § 8644]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.500 - Order for arrest made when plaintiff’s affidavit shows a sufficient cause; requisites and filing of affidavit.

The order may be made whenever it shall appear to the judge, by the affidavit of the plaintiff or some other person, that a sufficient cause of action exists, and the case is one of those mentioned in NRS 31.480. The affidavit shall be either positive or upon information and belief; and when upon information and belief it shall state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit shall be filed with the clerk of the court.
[1911 CPA § 148; RL § 5090; NCL § 8646]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.510 - Undertaking from plaintiff.

Before making the order the judge shall require a written undertaking, payable in lawful money of the United States, on the part of the plaintiff, with sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs and charges that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least $500. 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. The undertaking shall be filed with the clerk of the court.
[1911 CPA § 149; RL § 5091; NCL § 8647]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.520 - Order and arrest; return of order.

The order may be made to accompany the summons, or any time afterwards before judgment. It shall require the sheriff of the county where the defendant may be found forthwith to arrest the defendant and hold the defendant to bail in a specified sum, naming the money or currency in which it is payable, and to return the order at a time therein mentioned to the clerk of the court in which the action is pending.
[1911 CPA § 150; RL § 5092; NCL § 8648]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.530 - Delivery of affidavit and order to sheriff and defendant.

The order of arrest, with a copy of the affidavit upon which it is made, shall be delivered to the sheriff, who, upon arresting the defendant, shall deliver to the defendant the copy of the affidavit, and also, if desired, a copy of the order of arrest.
[1911 CPA § 151; RL § 5093; NCL § 8649]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.550 - Defendant to be discharged on bail or deposit.

The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order of arrest in the money or currency therein named, as provided in this chapter.
[1911 CPA § 153; RL § 5095; NCL § 8651]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.560 - Defendant may give bail.

The defendant may give bail by causing a written undertaking, payable in the money of the contract (if any be named), and in other cases as directed by the judge, to be executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that they are bound in the amount mentioned in the order of arrest; that the defendant shall at all times render himself or herself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein; or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.
[1911 CPA § 154; RL § 5096; NCL § 8652]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.570 - Bail may surrender defendant.

At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or the defendant may surrender to the sheriff of the county where the defendant was arrested.
[1911 CPA § 155; RL § 5097; NCL § 8653]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.580 - Arrest, delivery and surrender of defendant by bail; exoneration of bail.

For the purpose of surrendering the defendant, the bail at any time or place before they are finally charged may themselves arrest the defendant; or by a written authority, endorsed on a certified copy of the undertaking, may empower the sheriff to do so. Upon the arrest of the defendant by the sheriff, or upon delivery of the defendant to the sheriff by the bail, or upon the defendant’s own surrender, the bail shall be exonerated; provided, such arrest, delivery or surrender shall take place before the expiration of 10 days after judgment; but if such arrest, delivery or surrender be not made within 10 days after judgment, the bail shall be finally charged on their undertaking, and be bound to pay the amount of the judgment within 10 days thereafter.
[1911 CPA § 156; RL § 5098; NCL § 8654]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.590 - Action against bail.

If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, an action may be commenced against bail for the amount of the original judgment.
[1911 CPA § 157; RL § 5099; NCL § 8655]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.600 - Bail exonerated by death, imprisonment or discharge of defendant.

The bail shall also be exonerated by the death of the defendant, or by the defendant’s imprisonment in a state prison, or by the defendant’s legal discharge from the obligation to render himself or herself amenable to the process.
[1911 CPA § 158; RL § 5100; NCL § 8656]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.610 - Return of order; plaintiff may except to bail.

Within the time limited for that purpose, the sheriff shall file the order of arrest in the office of the clerk of the court in which the action is pending, with the sheriff’s return endorsed thereon, together with a copy of the undertaking of the bail. The sheriff shall retain the original undertaking in the sheriff’s possession until filed, as herein provided. The plaintiff, within 10 days thereafter, may serve upon the sheriff a notice that the plaintiff does not accept the bail, or the plaintiff shall be deemed to have accepted them, and the sheriff shall be exonerated from liability. If no notice be served within 10 days, the original undertaking shall be filed with the clerk of the court.
[1911 CPA § 159; RL § 5101; NCL § 8657]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.620 - Notice of justification of bail.

Within 5 days after the receipt of notice, the sheriff or defendant may give to the plaintiff or the plaintiff’s attorney notice of the justification of the same, or other bail (specifying the places of residence and occupations of the latter), before the judge of the court, or clerk, at a specified time and place; the time to be not less than 5 nor more than 10 days thereafter, except by consent of parties. In case other bail be given, there shall be a new undertaking.
[1911 CPA § 160; RL § 5102; NCL § 8658]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.630 - Qualifications of bail.

The qualifications of bail shall be as follows:
1. Each of them shall be a resident and householder, or freeholder, within the county.
2. Each shall be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this chapter, over and above all debts and liabilities of the bail, exclusive of property exempt from execution; but the judge, or clerk, on justification, may allow more than two sureties to justify severally in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail.
[1911 CPA § 161; RL § 5103; NCL § 8659]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.640 - Examination of bail.

For the purpose of justification, each of the bail shall attend before the judge, or clerk, at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, touching the bail’s sufficiency, in such manner as the judge, or clerk, in the exercise of discretion may think proper. The examination shall be reduced to writing, and subscribed by the bail, if required by the plaintiff.
[1911 CPA § 162; RL § 5104; NCL § 8660]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.650 - Allowance of bail exonerates sheriff.

If the judge, or clerk, find the bail sufficient, the judge or clerk shall annex the examination to the undertaking, endorse the judge’s or clerk’s allowance thereon, and cause them to be filed, and the sheriff shall thereupon be exonerated from liability.
[1911 CPA § 163; RL § 5105; NCL § 8661]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.660 - Deposit by defendant in lieu of bail.

The defendant may, at the time of the defendant’s arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order. In case the amount of the bail be reduced, as provided in this chapter, the defendant may deposit such amount instead of giving bail. In either case the sheriff shall give the defendant a certificate of the deposit made, and the defendant shall be discharged from custody.
[1911 CPA § 164; RL § 5106; NCL § 8662]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.670 - Sheriff must pay deposit into court.

The sheriff shall, immediately after the deposit, pay the same into court, and take from the clerk receiving the same two certificates of such payment; the one of which the sheriff shall deliver or transmit to the plaintiff or the plaintiff’s attorney and the other to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the sheriff to collect the sum deposited as in other cases of delinquency.
[1911 CPA § 165; RL § 5107; NCL § 8663]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.680 - Undertaking may be substituted for deposit.

If the money be deposited, as provided in NRS 31.660 and 31.670, bail may be given and may justify upon notice at any time before judgment; and on the filing of the undertaking and justification with the clerk the money deposited shall be refunded by such clerk to the defendant.
[1911 CPA § 166; RL § 5108; NCL § 8664]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.690 - Disposition of deposit.

Where money shall have been deposited, if it remain on deposit at the time of a recovery of a judgment in favor of the plaintiff, the clerk shall, under the direction of the court, apply the same in satisfaction thereof, and after satisfying the judgment shall refund the surplus, if any, to the defendant. If the judgment be in favor of the defendant, the clerk shall, under like direction of the court, refund to the defendant the whole sum deposited and remaining unapplied.
[1911 CPA § 167; RL § 5109; NCL § 8665]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.700 - Liability of sheriff for escape or rescue.

If, after being arrested, the defendant escape or be rescued, the sheriff shall be liable as bail; but the sheriff may discharge himself or herself from such liability by the giving and justification of bail at any time before judgment.
[1911 CPA § 168; RL § 5110; NCL § 8666]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.710 - Recovery on official bond of sheriff.

If a judgment be recovered against the sheriff, upon the sheriff’s liability as bail, and an execution thereon be returned unsatisfied, in whole or in part, the same proceedings may be had on the sheriff’s official bond for the recovery of the whole or any deficiency, as in other cases of delinquency.
[1911 CPA § 169; RL § 5111; NCL § 8667]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.720 - Defendant may move to vacate arrest or reduce bail; hearing.

A defendant arrested may, at any time before the justification of bail, apply to the judge who made the order, or the court in which the action is pending, upon reasonable notice to the plaintiff, to vacate the order of arrest or to reduce the amount of bail. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs in addition to those on which the order of arrest was made.
[1911 CPA § 170; RL § 5112; NCL § 8668]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.730 - Vacation of order of arrest and reduction of bail.

If, upon such application, it shall satisfactorily appear that there was not sufficient cause for the arrest, the order shall be vacated, or if it satisfactorily appear that the bail was fixed too high, the amount shall be reduced.
[1911 CPA § 171; RL § 5113; NCL § 8669]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.740 - Persons confined on execution issued on judgment may be discharged.

Every person confined in jail on an execution issued on a judgment rendered in a civil action shall be discharged therefrom upon the conditions hereinafter specified.
[1911 CPA § 172; RL § 5114; NCL § 8670]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.750 - Notice of application for discharge.

Such person shall cause a notice in writing to be given to the plaintiff, or the plaintiff’s agent or attorney, that at a certain time and place the person will apply to the district judge of the county in which such person may be confined for the purpose of obtaining a discharge from imprisonment.
[1911 CPA § 173; RL § 5115; NCL § 8671]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.760 - Service of notice of application.

Such notice shall be served upon the plaintiff, or the plaintiff’s agent or attorney, 1 day at least before the hearing of the application. If the plaintiff be not a resident of the county, and have no agent or attorney in the county, no such notice need be served.
[1911 CPA § 174; RL § 5116; NCL § 8672]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.770 - Hearing on application.

At the time and place specified in the notice, such person shall be taken before such judge, who shall examine the person under oath concerning the person’s estate and property and effects, and the disposal thereof, and the person’s ability to pay the judgment for which the person is committed, and such judge shall also hear any other legal and pertinent evidence that may be produced by the debtor or creditors.
[1911 CPA § 175; RL § 5117; NCL § 8673]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.780 - Oath of defendant on discharge.

If, upon examination, the judge be satisfied that the prisoner is entitled to discharge, the judge shall administer to the prisoner the following oath: "I,................, do solemnly swear, or affirm, that I have not any estate, real or personal, to the amount of $50, except such as is by law exempted from being taken in execution; and that I have not any other estate now conveyed or concealed, or in any way disposed of with design to secure the same to my use, or to defraud my creditors."
[1911 CPA § 176; RL § 5118; NCL § 8674]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.790 - Order of discharge.

After administering the oath, the judge shall issue an order that the prisoner be discharged from custody, if the prisoner is imprisoned for no other cause; and the officer, upon service of such order, shall discharge the prisoner forthwith, if the prisoner is imprisoned for no other cause.
[1911 CPA § 177; RL § 5119; NCL § 8675]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.800 - Renewal of application for discharge.

If such judge should not discharge the prisoner, the prisoner may apply for discharge at the end of every succeeding 10 days, in the same manner as above provided, and the same proceeding shall thereupon be had.
[1911 CPA § 178; RL § 5120; NCL § 8676]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.810 - Effect of discharge; judgment remains in force.

The prisoner, after being so discharged, shall be forever exempt from arrest and imprisonment for the same debt; but the judgment against the prisoner shall remain in full force against any estate, present or future, of the prisoner, not exempt from execution.
[1911 CPA § 179; RL § 5121; NCL § 8677]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.820 - Plaintiff may order discharge of prisoner; effect of discharge.

The plaintiff in the action may, at any time, order the prisoner to be discharged, and the prisoner shall not thereafter be liable to imprisonment for the same cause of action.
[1911 CPA § 180; RL § 5122; NCL § 8678]
2023 Nevada Revised Statutes › Chapter 31 - Attachment, Garnishment and Other Extraordinary Remedies › NRS 31.830 - Creditor to advance money to jailer for support of prisoner.

Whenever a person is committed to jail on a judgment recovered in a civil action, the creditor, or the creditor’s agent or attorney, shall advance to the jailer immediately upon such commitment sufficient money to pay for the support of the prisoner for at least 2 weeks, at the rate of $2.50 per day, and in case the money should not be so advanced, the jailer shall forthwith discharge such prisoner from custody, and such discharge shall be a bar against imprisonment for the same debt. At the expiration of such 2 weeks, should such creditor refuse to advance a like sum, the prisoner will be discharged as above provided, and with the same effect.
[1911 CPA § 181; RL § 5123; NCL § 8679]