Execution of writ of attachment: Manner in which property is to be attached. Subject to the requirements of NRS 31.045, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:
1. Real property must be attached by leaving a copy of the writ with the occupant of the property or, if there is no occupant, by posting a copy in a conspicuous place on the property and recording the writ, together with a description of the property attached, with the recorder of the county.
2. Personal property must be attached:
(a) By taking it into immediate custody, and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131, or common motor carrier, as defined in NRS 706.036, to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or
(b) By placing a keeper in charge of a going business where the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.
Ê If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.
3. Any mobile home, as defined in NRS 40.215, must be attached by:
(a) Posting a copy of the writ in a conspicuous place on the mobile home;
(b) Taking it into immediate custody, subject to the provisions of subsection 2; or
(c) Placing a keeper in charge of the mobile home for 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy the mobile home; and
(2) After which period, the sheriff shall take the mobile home into his immediate custody, subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.
Last modified: February 27, 2006