NRS
21.020 Writ of execution: Issuance; contents. 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 the debtor’s real property; or
if the judgment is a lien upon real property, then out of the real property
belonging to the debtor 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 the debtor 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
the debtor to the jail of the county until the debtor 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, the sheriff 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
the sheriff, and in case of neglect or refusal so to do, the sheriff is liable
on his or her 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.
[1911 CPA § 339; RL § 5281; NCL § 8837]—(NRS A 1965,
649; 1967,
949; 1985,
224)
Notes of Decisions
Barney v. Mt. Rose Heating & Air Conditioning, 192 P.3d 730 (Nev. 2008).
“239(10) and (12) and NRS 21.020(1), Mt. Rose Heating’s attempt to execute on his personal assets was not proper under the mechanic’s lien statutes, unless and until the proceeds from the sale of his real property first proved insufficient.”
54 Carolina Cherry Drive v. Anderson (In re 12067 Oakland Hills), 435 P.3d 672 (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) *676 limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
James Nalder v. United Auto. Ins. Co, 878 F.3d 754 (9th Cir. 2017).
“See Nev. Rev. Stat. § 21.020 . Finally, apart from Nalder and Lewis’s argument that it is inappropriate to address on appeal the effect of the statute of limitations on the size of damages they may collect, neither side squarely addresses whether the expiration of the judgment…”
In Re: Execution Search Warrants, 2018 NV 97 (Nev. 2018).
· cites it 2× “Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
In re Execution of Search Warrants (Nev. 2018).
· cites it 2× “Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
Sphere, LLC v. Pawnee Leasing Corp. (D. Nev. 2023).
· cites it 2× “, NRS § 21.020 (governing issuance of writs of execution 3 “out of the real property belonging to the debtor on the day when the abstract or certified 4 copy of the judgment or decree was recorded”); NRS § 68.”
In Re: Execution Search Warrants, 2018 NV 97 (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
— Nev. Rev. Stat. § 21.020(1) — 1 case
Barney v. Mt. Rose Heating & Air Conditioning, 192 P.3d 730 (Nev. 2008).
“239(10) and (12) and NRS 21.020(1), Mt. Rose Heating’s attempt to execute on his personal assets was not proper under the mechanic’s lien statutes, unless and until the proceeds from the sale of his real property first proved insufficient.”
— Nev. Rev. Stat. § 21.020(5) — 4 cases
54 Carolina Cherry Drive v. Anderson (In re 12067 Oakland Hills), 435 P.3d 672 (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) *676 limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
In Re: Execution Search Warrants, 2018 NV 97 (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
In re Execution of Search Warrants (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
In Re: Execution Search Warrants, 2018 NV 97 (Nev. 2018).
“Quite to the contrary, in return-of-property actions like this one, NRS 21.020(5) limits collection and execution to delivery of the specified property and nothing more, unless the judgment itself itemizes other costs or monetary damages.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.