ttached is other than money, set forth to the best knowledge and information of the affiant, the value of such property less any prior liens or encumbrances. (f) Name all third persons upon whom a writ of garnishment in aid of the writ of attachment will be served. (g) In an action upon a foreign judgment attach a copy of the judgment to the affidavit for attachment as an exhibit. (h) State whether, to the best information and belief of the affiant, the money or property sought to be attached is exempt from execution. 2. All applications to the court for an order directing the clerk to issue a writ of attachment with notice to the defendant shall be accompanied by an affidavit setting forth the item required by subsection 1, except that such affidavit may show the existence of any one of the grounds for attachment with notice. [1911 CPA § 206; RL § 5148; NCL § 8704]—(NRS A 1973, 1172) NRS 31.022 Procedure when notice and hearing not required. The court shall, without delay, examine the plaintiff’s application and affidavit and receive additional evidence if necessary, and shall order the clerk to issue a writ of attachment without notice to the defendant if: 1. The plaintiff’s affidavit, alone or as supplemented by additional evidence, meets the requirements of subsection 1 of NRS 31.020; and 2. The court determines, specifically, that there exist one or more grounds for attachment without notice as indicated in such affidavit or by additional evidence. (Added to NRS by 1973, 1173) NRS 31.024 Procedure when notice and hearing required: Order to show cause. If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. The order must: 1. Fix the date and time for hearing on the order, which must not be set sooner than 3 days after the service of the order. 2. Direct the time within which service of the order must be made upon the defendant or his attorney. 3. Fix the manner in which service of the order must be made, which may be by personal service upon the defendant or service upon his attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit. 4. State that the debtor: (a) Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of NRS 31.045 and explain that he may claim an exemption if it appears that exempt property may be seized; (b) Has the right to file affidavits on his behalf; and (c) May appear personally or by way of an attorney, and present testimony on his behalf at the time of hearing. 5. State that if the defendant fails to appear he shall be deemed to have waived his right to the hearing and that in such case the court may order the clerk to issue a writ of attachment. (Added to NRS by 1973, 1173; A 1989, 1140) NRS 31.026 Procedure when notice and hearing required: Hearing. A hearing on the order to show cause shall be conducted by the court without a jury. The court at such hearing shall consider all affidavits, testimony and other evidence presented and shall make a determination of the probable validity of the plaintiff’s underlying claim against the defendant. If the court determines such claim is probably valid it shall order the clerk to issue a writ of attachment. (Added to NRS by 1973, 1174) NRS 31.028 Contents of order for attachment. The court or judge issuing any order for attachment with or without notice shall set forth in the order: 1. The ground or grounds for attachment relied upon for the issuance of the order. 2. The facts or reasons why the court believes the ground or grounds exist. 3. The fact that the plaintiff has alleged a meritorious claim for relief. 4. The amount for which the attachment will issue. 5. The amount of security which must be given by the plaintiff before the writ will issue. 6. The names of all third persons upon whom writs of garnishment in aid of attachment may be served. 7. A description in reasonable detail of the money or property to be attached, and, if property, the value of the property based upon the evidence or affidavits presented to the court. The writ of attachment shall demand the amount for which attachment will issue, as specified in the order, and the court may order several writs to be issued at the same time to the sheriffs of different counties. (Added to NRS by 1973, 1175) NRS 31.030 Written undertaking on attachment; additional bond; exception to sufficiency of sureties; vacation of writ. 1. The court, in its order for attachment, shall require a written undertaking on the part of the plaintiff payable in lawful money of the United States in a sum not less than the amount claimed by the plaintiff or the value of the property to be attached, whichever is less, with two or more sureties to the effect that if the plaintiff dismiss such action or if the defendant recover judgment the plaintiff will pay in lawful money of the United States all costs that may be awarded to the defendant, and all damages which the defendant may sustain by reason of the attachment including attorney’s fees, not exceeding the sum specified in the undertaking. Each of the sureties shall annex to the undertaking an affidavit that he is a resident and householder or freeholder within the State, and worth double the sum specified in the undertaking over and above all his debts and liabilities, exclusive of property exempt from execution. In the case of an attachment issued with notice to the defendant, or in any case upon showing by the defendant after notice to the plaintiff, the court may require an additional bond. No bond may be required of the State or of an officer or agency thereof. 2. Before issuing the writ of attachment the clerk shall require the filing by the plaintiff of the written undertaking required by the court pursuant to subsection 1. 3. At any time after the issuing of the attachment, but not later than 5 days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, within 5 days from service of written notice of exception, upon notice to the defendant of not less than 2 nor more than 5 days, must justify before the judge, justice, or clerk of the court in which the action is pending; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the writ of attachment must be vacated. [1911 CPA § 207; A 1949, 499; 1943 NCL § 8705]—(NRS A 1957, 271; 1965, 1003; 1973, 1174) 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 him to attach and keep safely all the money or property of the defendant described in the order for attachment within his 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 him 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 CP

Vegas Law