Nevada Revised Statutes
Nev. Rev. Stat. § 31.040 (2026)
Sheriff to attach and keep property; undertaking by defendant
✓ current as of July 2026
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NRS 31.040 Sheriff to attach and keep property; undertaking by defendant. The writ must be directed to the sheriff of
any county in which property of the defendant may be and require the sheriff to
attach and keep safely all the money or property of the defendant described in
the order for attachment within the county not exempt from execution, or so
much thereof as is sufficient to satisfy the amount demanded by the writ of
attachment, whichever is less, unless the defendant gives the sheriff security
by the undertaking of at least two sufficient sureties in an amount equal to
the amount demanded by the writ or the value of the property levied upon,
whichever is less, apart from costs, in lawful money of the United States, in
which case the writ must require the sheriff to take such an undertaking.
[1911 CPA § 208; RL § 5150; NCL § 8706]—(NRS A 1973, 1175; 1989, 586; 1997, 419)
Notes of Decisions
Cited in 4
cases, 1958–1972 · leading case: Nevada Credit Rating Bureau, Inc. v. Williams, 503 P.2d 9 (Nev. 1972).
Nevada Credit Rating Bureau, Inc. v. Williams, 503 P.2d 9 (Nev. 1972). “NRS 31.040 requires that the sheriff keep safely all of the property which he attaches.”
Cooper v. Liebert, 402 P.2d 989 (Nev. 1965). “The statutes provide a remedy for supplying an undertaking by the defendant either to prevent an attachment (NRS 31.040), or to vacate an attachment (NRS 31.”
Aronoff v. Katleman, 345 P.2d 221 (Nev. 1959). “* * •” NRS 31.040. “The writ shall he directed to the sheriff of any county in which property of such defendant may be, and require him to attach and safely keep all the property of such defendant within his county not exempt from execution, or so much thereof as may be…”
Covrig v. Powers, 332 P.2d 650 (Nev. 1958). “Respondent insists that the situation is not governed by those sections but is governed by the provisions of NRS 31.040 which provides that the writ of attachment require the sheriff to attach and keep the property of the defendant not exempt from execution, or so much as may be…”
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