NRS
31.010 Application to court for writ of attachment: Timing;
requirements when Department of Taxation has taken over management of local
government.
1. Except as otherwise provided in
subsection 2, the plaintiff at the time of issuing the summons, or at any time
thereafter, may apply to the court for an order directing the clerk to issue a
writ of attachment and thereby cause the property of the defendant to be
attached as security for the satisfaction of any judgment that may be
recovered, unless the defendant gives security to pay such judgment as provided
in this chapter.
2. If the Department of Taxation has taken
over the management of a local government at the request of the local
government pursuant to subsection 3 of NRS
354.685, and if a plaintiff is allowed by law to apply to a court for an
order directing the clerk to issue a writ of attachment, the action must be
stayed until the following conditions have been satisfied:
(a) The plaintiff must meet with the Department
to formulate a program for the liquidation of the debt owed by the local
government to the plaintiff; and
(b) The Department must adopt a program for the
liquidation of the debt owed by the local government to the plaintiff as
described in paragraph (a). The Department shall formulate the program not
later than 60 days after meeting with the plaintiff pursuant to paragraph (a).
The formulation of the program is a final decision for the purposes of judicial
review.
[1911 CPA § 205; RL § 5147; NCL § 8703]—(NRS A 1973,
1170; 2005,
1394; 2015,
738)
Notes of Decisions
Paramount Ins., Inc. v. Rayson & Smitley, 472 P.2d 530 (Nev. 1970).
· cites it 24× “The grounds alleged were that Paramount's claim against Smitley was secured by a mortgage on real property; that the affidavit was insufficient to establish the security was valueless or of insufficient value; that the security had to first be exhausted before the value could be…”
McMillan v. United Mortg. Co., 412 P.2d 604 (Nev. 1966).
· cites it 9× “430 pertaining to the enforcement of a right secured by mortgage on real estate, and NRS 31.010 which allows ancillary attachment in an action upon a note when the security has become valueless, or of insufficient value.”
LFC Mktg. Grp., Inc. v. Loomis, 8 P.3d 841 (Nev. 2000).
· cites it 3× “010 provides the general rule for when such writs may issue: The plaintiff at the time of issuing the summons, or at any time thereafter, may apply to the court for an order directing the clerk to issue a writ of attachment and thereby cause the property of the defendant to be…”
Royal West Airways, Inc. v. Valley Bank of Nevada, 747 P.2d 895 (Nev. 1987).
“At the same time Valley Bank also caused an ex parte writ of attachment to be issued pursuant to NRS 31.010. Royal West’s attempt to dissolve the writ of attachment was denied by the district court.”
Aronoff v. Katleman, 345 P.2d 221 (Nev. 1959).
“NRS 31.010. “The plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may he recovered, unless the defendant gives security to pay such judgment, as…”
Clarence E. Morris, Inc. v. Vitek, 395 P.2d 521 (Nev. 1964).
· cites it 3× “” Such affidavit followed the wording of NRS 31.010 providing for the issuance of the writ: “ (1) In an action upon a judgment or upon a contract, express or implied, for the direct payment of money * * The complaint was in two counts, the first being for $117,611 and the second…”
Johnson v. D3 Investments, LLC (D. Nev. 2024).
· cites it 4× “NRS § 31.010. This remedy allows a creditor to acquire a 3 lien on the debtor’s assets until the final adjudication of the claim at issue in the case.”
Wilgar v. OPM Las Vegas Corp. (D. Nev. 2020).
· cites it 3× “Nev. Rev. Stat. § 31.010 . Upon removal to federal court, any state 14 law claim brought under Nevada’s Uniform Declaratory Act must be converted into a claim under 15 the federal Declaratory Judgment Act.”
LVC Surgical Ctr., LLC v. Insight Surgical Equip. Co. (D. Nev. 2019).
· cites it 2× “NRS 31.010. NRS 16 31.010 allows for a plaintiff to “apply to the court for an order directing the clerk to issue a writ of 17 attachment and thereby cause the property of the defendant to be attached as security for the 18 satisfaction of any judgment that may be recovered,…”
— Nev. Rev. Stat. § 31.010(1) — 1 case
McMillan v. United Mortg. Co., 412 P.2d 604 (Nev. 1966).
“430 pertaining to the enforcement of a right secured by mortgage on real estate, and NRS 31.010 which allows ancillary attachment in an action upon a note when the security has become valueless, or of insufficient value.”
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