f shall release the property pursuant to the stipulation. [1911 CPA § 221; RL § 5163; NCL § 8719]—(NRS A 1967, 270) NRS 31.190 Undertaking of defendant; determination of disputed value of property; justification by sureties. 1. On granting an order for discharge of attachment pursuant to NRS 31.180, the court or the judge shall require an undertaking on behalf of the defendant, with at least two sureties, residents and freeholders, or householders, in the county, which shall be filed: (a) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released equals or exceeds the demand of the writ, that the defendant will pay to the plaintiff the amount of the judgment which may be recovered in favor of the plaintiff in the action or the demand of the writ, whichever is less; or (b) To the effect, in case the value of the property or the amount of money, debts, or credits sought to be released is less than the demand of the writ, that the defendant will pay the amount of money, debts or credits, or value of the property sought to be released, in lawful money of the United States. 2. The value of the property sought to be released, if disputed, shall be determined by the court or judge thereof, upon proof or by a sworn appraiser or sworn appraisers, not exceeding three, to be appointed by the court or judge for that purpose. 3. Before filing the undertaking, the defendant shall serve a copy thereof upon the plaintiff, and if the plaintiff require a justification by the sureties, he shall give notice thereof to the defendant within 2 days; or at the time of giving notice of motion for an order to discharge the attachment, the defendant may in his notice name the sureties, and if the plaintiff require them to justify he shall give notice thereof at the hearing of the motion. If required, the sureties shall justify before the court in which the suit is pending, or the judge thereof, after reasonable notice. [1911 CPA § 222; RL § 5164; NCL § 8720]—(NRS A 1961, 421; 1973, 1180) NRS 31.200 Grounds for discharge of attachment. 1. The defendant may also, at any time before trial, apply by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds: (a) That the writ was improperly or improvidently issued. (b) That the property levied upon is exempt from execution or necessary and required by the defendant for the support and maintenance of himself and the members of his family. (c) That the levy is excessive. 2. If the court or the judge thereof on the hearing of such motion shall find that any of the grounds stated in subsection 1 exist, the attachment and levy thereof shall be discharged. If the motion is based upon paragraph (c) of subsection 1 only, and the fact is found to exist, the discharge of attachment shall be only as to the excess. [1911 CPA § 223; A 1921, 4; NCL § 8721]—(NRS A 1973, 1180) NRS 31.210 When motion to discharge attachment made on affidavits, plaintiff may oppose by affidavits. If the motion is made upon affidavits on the part of the defendant, the plaintiff may oppose it by affidavits or other evidence, in addition to those on which the writ of attachment was issued. [1911 CPA § 224; RL § 5166; NCL § 8722]—(NRS A 1973, 1181) NRS 31.220 Improperly, improvidently or irregularly issued writ must be discharged; issuance of new writ. If upon such application it satisfactorily appears that the writ of attachment was improperly, improvidently or irregularly issued, it must be discharged; but the release of the property shall not be ordered if, at or before the hearing on such application, the court orders a new writ to be issued as provided in NRS 31.024 and 31.026, in which case the sheriff shall relevy upon the property under the new writ. [1911 CPA § 225; RL § 5167; NCL § 8723]—(NRS A 1973, 1181) GARNISHMENT NRS 31.240 Writ of garnishment may issue at time of issuance of writ of attachment or later. At the time of the order directing a writ of attachment to issue or at any time thereafter, the court may order that a writ of garnishment issue, and thereupon cause the money, credits, effects, debts, choses in action and other personal property of the defendant in the possession or under the control of any third person to be attached as security for any judgment the plaintiff may recover in the action against the defendant. [1911 CPA § 227; RL § 5169; NCL § 8725]—(NRS A 1973, 1181) NRS 31.249 Application to court for writ of garnishment. 1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued: (a) In the order directing the clerk to issue a writ of attachment; or (b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant. 2. The plaintiff’s application to the court for an order directing the issuance of a writ of garnishment must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee: (a) Is the employer of the defendant; or (b) Is indebted to or has property in his possession or under his control belonging to the defendant, and that to the best of the knowledge and belief of the affiant, the defendant’s future wages, the garnishee’s indebtedness or the property possessed is not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the State Controller. 3. The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter. 4. Except as otherwise provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment. 5. If the named garnishee is the subject of more than one writ of garnishment regarding the defendant, the court shall determine the priority and method of satisfying the claims, except that any writ of garnishment to satisfy a judgment for the collection of child support must be given first priority. (Added to NRS by 1973, 1181; A 1985, 1012; 1989, 700) NRS 31.260 Issuance and contents of writ of garnishment; notice of execution. 1. The writ of garnishment must: (a) Be issued by the sheriff. (b) Contain the name of the court and the names of the parties. (c) Be directed to the garnishee defendant. (d) State the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address. (e) Require each person the court directs, as garnishees, to submit to the sheriff an answer to the interrogatories within 20 days after service of the writ upon the person. 2. The writ of garnishment must also notify the garnishee defendant that, if he fails to answer the interrogatories, a judgment by default will be rendered against him for: (a) The amount demanded in the writ of garnishment or the value of the property described in the writ, as the case may be; or (b) If the garnishment is pursuant to NRS 31.291, the amount of the lien created pursuant to that section, which amount or property must be clearly set forth in the writ of garnishment. 3. Execution on the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in NRS 21.076. In the case of a writ of garnishment that continues for 120 days or until t

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