NRS
21.080 Property liable to execution; property not affected by execution
until levy; exemption of certain trusts.
1. All goods, chattels, money 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, are liable to execution.
Subject to the provisions of chapters 104 to 104C, inclusive, 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 must be returned by the officer as
so much money collected, at its current value, without exposing the same to
sale. Until a levy, property is not 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 or in a discretionary or support trust
governed by chapter 163 of NRS 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 trustee of the beneficiary. This subsection does not apply to the interest
of the beneficiary of a trust where the fund so held in trust has proceeded
from the beneficiary unless:
(a) The beneficiary is the settlor of the trust;
and
(b) The trust is a spendthrift trust that was
created in compliance with the provisions of chapter
166 of NRS.
[1911 CPA § 345; A 1939,
60; 1931 NCL § 8843]—(NRS A 1965,
913; 2007,
895; 2009,
807)
Notes of Decisions
Platte River Ins. Co. v. Jackson, 2021 NV 82 (Nev. 2021).
· cites it 8× “NRS 21.080(1). However, a property's designation as "exempt" or "nonexempt" in NRS 21.”
Sportsco Enter. v. Morris, 917 P.2d 934 (Nev. 1996).
· cites it 6× “The definition of property in regard to fraudulent conveyances is, if anything, even broader than the definition of property for execution. NRS 112.”
Gallegos v. Malco Enter. of Nevada, Inc., 255 P.3d 1287 (Nev. 2011).
· cites it 5× “: In this opinion, we clarify that rights of action held by a judgment debtor are subject to execution toward satisfaction of a judgment under NRS 21.080 and may be judicially assigned pursuant to NRS 21.”
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
· cites it 2× “NRS 21.080(1) provides that property liable to such execution includes all of the judgment debtor's personal property.”
Butwinick v. Hepner, 291 P.3d 119 (Nev. 2012).
· cites it 5× “As appellants note, respondents have cited no authority to support the proposition that appellants’ defenses to respondents’ underlying lawsuit constitute a “thing in action” subject to execution under NRS 21.080 and NRS 10.045. Appellants did not bring the action on which…”
In Re Shuman, 68 B.R. 290 (Bankr. D. Nev. 1986).
· cites it 4× “See Nev.Rev. Stat. § 21.080 (1986). In Amended Schedules filed on May 23, 1986, Shuman claimed his interest in the Plans as exempt from inclusion in the estate pursuant to section 522(b)(2) of the Bankruptcy Code, 11 U.”
Gallegos v. Malco Enter. of Nevada, Inc., 255 P.3d 1287 (Nev. 2011).
· cites it 5× “: In this opinion, we clarify that rights of action held by a judgment debtor are subject to execution toward satisfaction of a judgment under NRS 21.080, and may be judicially assigned pursuant to NRS 21.”
— Nev. Rev. Stat. § 21.080(1) — 7 cases
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
“NRS 21.080(1) provides that property liable to such execution includes all of the judgment debtor's personal property.”
Sportsco Enter. v. Morris, 917 P.2d 934 (Nev. 1996).
“The definition of property in regard to fraudulent conveyances is, if anything, even broader than the definition of property for execution. NRS 112.”
Gallegos v. Malco Enter. of Nevada, Inc., 255 P.3d 1287 (Nev. 2011).
“: In this opinion, we clarify that rights of action held by a judgment debtor are subject to execution toward satisfaction of a judgment under NRS 21.080 and may be judicially assigned pursuant to NRS 21.”
Butwinick v. Hepner, 291 P.3d 119 (Nev. 2012).
“As appellants note, respondents have cited no authority to support the proposition that appellants’ defenses to respondents’ underlying lawsuit constitute a “thing in action” subject to execution under NRS 21.080 and NRS 10.045. Appellants did not bring the action on which…”
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