herefrom before the court having jurisdiction of the action, in order to determine title to the property in question, which hearing must be granted by the court upon the filing of an application or petition therefor. Seven days’ notice of such hearing must be given to all parties to the action and all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. The court may continue the hearing beyond the 10-day period, but good cause must be shown for any such continuance. [1911 CPA § 210 1/2; added 1933, 88; 1931 NCL § 8708.01]—(NRS A 1965, 550; 1973, 1178) NRS 31.100 Examination of person served with copy of writ and defendant; delivery and memoranda of personal property. After the writ has been issued, any person owing debts to the defendant or having in his possession or under his control any credits or other personal property belonging to the defendant, may, by subpoena, be required to give his deposition or attend before the court, or judge, or a master appointed by the court or judge, and be examined on oath respecting the same. After the writ has been issued, the defendant may also be required to give his deposition or attend for the purpose of giving information respecting his property, and may be examined on oath. The court or judge may, after such examination, order personal property capable of manual delivery to be delivered to the sheriff on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof. [1911 CPA § 213; RL § 5155; NCL § 8711]—(NRS A 1973, 1178) NRS 31.110 Sheriff’s return of writ; certificate. The sheriff shall return the writ of attachment within 25 days after its receipt, with a certificate of his proceeding endorsed thereon or attached thereto. The certificate must contain the date, time and place of each levy upon real or personal property, a full inventory of the personal property attached, a description of all real property attached, and the date, time and place where each writ of garnishment was served. The sheriff shall also attach to the writ of attachment a true and correct copy of each writ of garnishment served. [1911 CPA § 214; RL § 5156; NCL § 8712]—(NRS A 1973, 1179; 1991, 195) NRS 31.120 Sale of attached perishable property; sheriff to retain proceeds and attached property to answer judgment. If any of the property attached is perishable, the sheriff shall sell it in the manner prescribed by the court. The proceeds and other property attached by him shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subject to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if the same can be done without suit. The sheriff’s receipt shall be a sufficient discharge for the amount paid. [1911 CPA § 215; RL § 5157; NCL § 8713]—(NRS A 1973, 1179) NRS 31.130 Sale of attached property; proceeds to be deposited in court. Whenever property has been taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court, or a judge thereof, that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment of the action. Such order can be made only upon notice to the adverse party or his attorney. [1911 CPA § 216; RL § 5158; NCL § 8714] NRS 31.140 Satisfaction of judgment by sales of attached property. If judgment be recovered by the plaintiff, the sheriff shall satisfy the same out of the property attached by him which has not been delivered to the defendant or a claimant, as hereinafter provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose: 1. By paying to the plaintiff the proceeds of all sales of perishable property sold by him or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment. 2. If any balance remain due, and an execution shall have been issued on the judgment, he shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notice of the sales shall be given, and the sales conducted as in other cases of sales on execution. [1911 CPA § 217; RL § 5159; NCL § 8715] NRS 31.150 Deficiency after sale of attached property; sheriff to collect balance as upon an execution. If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting the fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment. [1911 CPA § 218; RL § 5160; NCL § 8716] NRS 31.160 Plaintiff may prosecute undertaking if execution returned unsatisfied. If the execution be returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to NRS 31.040 or 31.190, or he may proceed as in other cases upon the return of an execution. [1911 CPA § 219; RL § 5161; NCL § 8717] NRS 31.170 Discharge of attachment after judgment for defendant or dismissal of action; stay of release pending appeal. If the defendant recovers judgment against the plaintiff, or if the claim for relief upon which the attachment is based is dismissed, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, shall be delivered to the defendant or his agent, and the order of attachment shall be discharged and the property released therefrom; but if an appeal is taken from an order dissolving or discharging the attachment, from a final judgment in favor of the defendant or from an order dismissing the claim for relief upon which the attachment is based, the court may, upon such terms as are just, stay or enjoin the release by the sheriff and the dissolution of the writ pending the appeal. [1911 CPA § 220; A 1913, 30; NCL § 8718]—(NRS A 1973, 1179) NRS 31.180 Defendant, having appeared in action, may move for discharge of attachment upon giving undertaking; stipulations for release of attachments. 1. Whenever the defendant shall have appeared in the action, he may apply, upon reasonable notice to the plaintiff, to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment, wholly or in part, upon the execution and filing of the undertaking mentioned in NRS 31.190. Such order may be granted directing the release from the operation of the attachment, upon the filing of such undertaking and the justification of the sureties thereon, if required by the plaintiff, of all or any part of the property, money, debts or credits attached, as the case may be. All the proceeds of sales and moneys collected by the sheriff, and all the property attached remaining in his hands, so released, shall be delivered or paid to the defendant upon the filing of such undertaking and making such justification, if required by the plaintiff. 2. The plaintiff and defendant may stipulate in writing that the attachment of defendant’s property may be released wholly or in part. Upon the filing of such a stipulation, the sherif

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