2005 Nevada Revised Statutes - Chapter 21 — Enforcement of Judgments

CHAPTER 21 - ENFORCEMENT OF JUDGMENTS

EXECUTIONS AND EXEMPTIONS

NRS 21.010 Writof execution: Limitations of time.

NRS 21.020 Writof execution: Issuance; contents.

NRS 21.025 Writof execution: Form on judgment for money.

NRS 21.030 Satisfactionof judgment on joint contract.

NRS 21.040 Returnof execution.

NRS 21.050 Enforcementof judgments requiring payment of money or delivery of property; performance ofan act.

NRS 21.060 Executionmay issue after death of party.

NRS 21.070 Executionto issue to sheriff.

NRS 21.075 Noticeof writ of execution: Service required; form; contents.

NRS 21.076 Noticeof writ of execution: Manner and time of service.

NRS 21.080 Propertyliable to execution; property not affected by execution until levy; exemptionof spendthrift trusts.

NRS 21.090 Propertyexempt from execution.

NRS 21.095 Propertyexempt from execution upon judgment for medical bill.

NRS 21.100 Collectionsof minerals, art curiosities and paleontological remains exempt from execution.

NRS 21.110 Executionof writ by sheriff.

NRS 21.112 Claimof exemption: Procedure; release of property; undertaking by judgment creditor.

NRS 21.114 Sureties:Submission to jurisdiction of court; exceptions to sufficiency andjustification.

NRS 21.118 Levyon property of going business.

NRS 21.120 Garnishmentin aid of execution; notice of writ of garnishment; third-party claims.

NRS 21.130 Noticeof sale under execution.

NRS 21.140 Penaltiesfor selling without notice; defacing notice.

NRS 21.150 Conductof sales of real and personal property under execution: Place and time; who maynot be purchasers; sales of parcels; directions of judgment debtor.

NRS 21.160 Proceedingsafter purchaser refuses to pay amount bid.

NRS 21.170 Deliveryof personal property capable of manual delivery to purchaser; certificate ofsale.

NRS 21.180 Deliveryof personal property not capable of manual delivery; certificate of sale.

NRS 21.190 Saleof real property; purchaser acquires rights of judgment debtor; absolute saleand sale subject to redemption; certificate of sale.

NRS 21.200 Realproperty sold subject to redemption; who may redeem; redemptioner defined.

NRS 21.210 Timeand manner of redemption.

NRS 21.220 Successiveredemptions; redemption from previous redemptioner; notice of redemption;sheriffs deed; certificate of redemption.

NRS 21.230 Paymentsof redemption to purchaser, redemptioner or officer; documents to be served byredemptioner; sheriff to pay over money.

NRS 21.240 Courtmay restrain waste until expiration of period for redemption; what is notconsidered waste.

NRS 21.250 Dispositionof rents and profits.

NRS 21.260 Recoveryby purchaser from judgment creditor after eviction from property because ofirregularities of sale; revival of original judgment.

PROCEEDINGS SUPPLEMENTARY TO EXECUTION

NRS 21.270 Examinationof judgment debtor.

NRS 21.280 Proceedingsin aid of execution; appearance of judgment debtor before court; arrest; bailor commitment.

NRS 21.290 Thirdparty may pay judgment.

NRS 21.300 Debtorof judgment debtor may be examined.

NRS 21.310 Witnessesrequired to testify.

NRS 21.320 Judgemay order property applied toward satisfaction of judgment.

NRS 21.330 Proceedingson claim of third party to property or on denial of debt to judgment debtor.

NRS 21.340 Disobedienceof masters orders; contempts.

_________

EXECUTIONS AND EXEMPTIONS

NRS 21.010 Writof execution: Limitations of time. Except asotherwise provided in NRS 125B.050 forenforcement of a judgment for support of a child, the party in whose favorjudgment is given may, at any time before the judgment expires, obtain theissuance of a writ of execution for its enforcement as prescribed in thischapter. The writ ceases to be effective when the judgment expires.

[1911 CPA 338; RL 5280; NCL 8836](NRS A 1979,1172; 1987, 2249; 1989, 586)

NRS 21.020 Writof execution: Issuance; contents. The writ ofexecution must be issued in the name of the State of Nevada, sealed with theseal of the court, and subscribed by the clerk, and must be directed to thesheriff; and must intelligibly refer to the judgment, stating the court, thecounty where the judgment roll is filed, the names of the parties, thejudgment, and if it is for money, the amount thereof, and the amount actuallydue thereon; and if made payable in a specified kind of money or currency, asprovided in NRS 17.120, the writ mustalso state the kind of money or currency in which the judgment is payable, andmust require the sheriff substantially as follows:

1. If it is against the property of the judgmentdebtor, it must require the sheriff to satisfy the judgment, with interest, outof the personal property of the debtor, and, if sufficient personal propertycannot be found, then out of his real property; or if the judgment is a lienupon real property, then out of the real property belonging to him on the daywhen the abstract or certified copy of the judgment or decree was recorded inthe office of the county recorder of the particular county to whose sheriff thewrit was issued, stating the day, or out of the real property afterwardacquired by him before the lien expires.

2. If it is against real or personal property in thehands of the personal representatives, heirs, devisees, legatees, tenants ofreal property, or trustees, it must require the sheriff to satisfy thejudgment, with interest, out of the property.

3. If it is against the person of the judgment debtor,it must require the sheriff to arrest the debtor and commit him to the jail ofthe county until he pays the judgment, with interest, or it is dischargedaccording to law.

4. If it is issued on a judgment made payable in aspecified kind of money or currency, as provided in NRS 17.120, the writ must also require thesheriff to satisfy it in the kind of money or currency in which the judgment ismade payable, and the sheriff shall refuse payment in any other kind of moneyor currency; and in case of levy and sale of the property of the judgmentdebtor, he shall refuse payment from any purchaser at the sale in any otherkind of money or currency than that specified in the writ; the sheriffcollecting money or currency in the manner required by this chapter shall payto the person entitled thereto, the same kind of money or currency received byhim, and in case of neglect or refusal so to do, he is liable on his officialbond to the judgment creditor in three times the amount of money so collected.

5. If it is for the delivery of the possession of realor personal property, it must require the sheriff to deliver the possession ofthe property, particularly describing it, to the person entitled thereto, andmay at the same time require the sheriff to satisfy any costs, damages, rentsor profits, recovered by the same judgment out of the personal property of theparty against whom it was rendered, and the value of the property for which thejudgment was recovered to be specified therein; if a delivery thereof cannot behad, and if sufficient personal property cannot be found, then out of realproperty, as provided in subsection 1 of this section.

[1911 CPA 339; RL 5281; NCL 8837](NRS A 1965,649; 1967, 949; 1985, 224)

NRS 21.025 Writof execution: Form on judgment for money. Awrit of execution issued on a judgment for the recovery of money must besubstantially in the following form:

(Title of the Court)

(Number and abbreviated title of the case)

EXECUTION

THE PEOPLE OF THESTATE OF NEVADA:

To the sheriff of ................................ County.

Greetings:

On ......(month)......(day)......(year), a judgment wasentered by the above-entitled court in the above-entitled action in favor of........................ as judgment creditor and against....................... as judgment debtor for:

$................ principal,

$................ attorneys fees,

$................ interest, and

$................ costs, making atotal amount of

$................ the judgment asentered, and

WHEREAS, according to an affidavit or a memorandum of costsafter judgment, or both, filed herein, it appears that further sums haveaccrued since the entry of judgment, to wit:

$................ accrued interest,and

$................ accrued costs, together with $........ fee, for the issuance of this writ,making a total of

$................ as accrued costs,accrued interest and fees.

Credit must be given for payments and partial satisfactionsin the amount of

$................

which is to be first credited against the total accrued costsand accrued interest, with any excess credited against the judgment as entered,leaving a net balance of

$................

actually due on the date of the issuance of this writ, ofwhich

$................

bears interest at ........ percent per annum, in the amountof $........ per day, from the date of judgment to the date of levy, to whichmust be added the commissions and costs of the officer executing this writ.

NOW, THEREFORE, SHERIFF OF........................................ COUNTY, you are hereby commanded tosatisfy this judgment with interest and costs as provided by law, out of thepersonal property of the judgment debtor, except that for any workweek, 75percent of the disposable earnings of the debtor during that week or 50 timesthe minimum hourly wage prescribed by section 6(a)(1) of the federal Fair LaborStandards Act of 1938, 29 U.S.C. 206(a)(1), and in effect at the time theearnings are payable, whichever is greater, is exempt from any levy ofexecution pursuant to this writ, and if sufficient personal property cannot befound, then out of the real property belonging to the debtor in the aforesaidcounty, and make return to this writ within not less than 10 days or more than60 days endorsed thereon with what you have done.

Dated: This .......... day of the month of ..........of the year ..........

...........................................,Clerk.

By.........................,Deputy Clerk.

(Added to NRS by 1971, 1496; A 1981, 125; 1983, 97; 2001, 19; 2005, 1011)

NRS 21.030 Satisfactionof judgment on joint contract. When a writ ofexecution is issued on a judgment recovered against two or more persons, in anaction upon a joint contract, in which action all the defendants were notserved with summons, or did not appear, it shall direct the sheriff to satisfythe judgment out of the joint property of all the defendants, and theindividual property only of the defendants who were served or who appeared inthe action. In other respects the writ shall contain the directions specifiedin subsections 1 and 4 of NRS 21.020.

[1911 CPA 340; RL 5282; NCL 8838]

NRS 21.040 Returnof execution. The execution shall bereturnable to the clerk with whom the judgment roll is filed not less than 10nor more than 60 days after its receipt by the sheriff.

[1911 CPA 341; RL 5283; NCL 8839](NRS A 1969,386)

NRS 21.050 Enforcementof judgments requiring payment of money or delivery of property; performance ofan act. Where a judgment requires the paymentof money or the delivery of real or personal property, the same shall be enforcedin those respects by execution. Where it requires the performance of any otheract, a certified copy of the judgment may be served upon the party against whomit is given, or upon the person or officer who is required thereby, or by law,to obey the same, and his obedience thereto enforced.

[1911 CPA 342; RL 5284; NCL 8840]

NRS 21.060 Executionmay issue after death of party. Notwithstandingthe death of a party after the judgment, execution thereon may be issued, incase of the death of the plaintiff, the same as if he were living, upon theapplication of his executor or administrator, or successor in interest, to thecourt in which the judgment was rendered; and in case of the death of thedefendant, if the judgment be for the recovery of real or personal property,execution may be issued against such property, in the same manner and with thesame effect as if he were still living.

[1911 CPA 343; RL 5285; NCL 8841]

NRS 21.070 Executionto issue to sheriff. Where the execution isagainst the property of the judgment debtor, it may be issued to the sheriff ofany county in the State. Where it requires the delivery of real or personalproperty, it shall be issued to the sheriff of the county where the property,or some part thereof, is situated. Executions may be issued at the same time todifferent counties.

[1911 CPA 344; RL 5286; NCL 8842]

NRS 21.075 Noticeof writ of execution: Service required; form; contents.

1. Execution on the writ of execution by levying onthe property of the judgment debtor may occur only if the sheriff serves thejudgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. Thenotice must describe the types of property exempt from execution and explainthe procedure for claiming those exemptions in the manner required insubsection 2. The clerk of the court shall attach the notice to the writ ofexecution at the time the writ is issued.

2. The notice required pursuant to subsection 1 mustbe substantially in the following form:

NOTICEOF EXECUTION

YOURPROPERTY IS BEING ATTACHED OR

YOURWAGES ARE BEING GARNISHED

A court has determined thatyou owe money to .................... (name of person), the judgment creditor.He has begun the procedure to collect that money by garnishing your wages, bankaccount and other personal property held by third persons or by taking money orother property in your possession.

Certain benefits and propertyowned by you may be exempt from execution and may not be taken from you. Thefollowing is a partial list of exemptions:

1. Payments receivedpursuant to the federal Social Security Act, including, without limitation,retirement and survivors benefits, supplemental security income benefits anddisability insurance benefits.

2. Payments for benefits orthe return of contributions under the Public Employees Retirement System.

3. Payments for publicassistance granted through the Division of Welfare and Supportive Services ofthe Department of Health and Human Services or a local governmental entity.

4. Proceeds from a policy oflife insurance.

5. Payments of benefitsunder a program of industrial insurance.

6. Payments received asdisability, illness or unemployment benefits.

7. Payments received asunemployment compensation.

8. Veterans benefits.

9. A homestead in a dwellingor a mobile home, not to exceed $350,000, unless:

(a) The judgment is for amedical bill, in which case all of the primary dwelling, including a mobile ormanufactured home, may be exempt.

(b) Allodial title has beenestablished and not relinquished for the dwelling or mobile home, in which caseall of the dwelling or mobile home and its appurtenances are exempt, includingthe land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

10. A vehicle, if yourequity in the vehicle is less than $15,000.

11. Seventy-five percent ofthe take-home pay for any workweek, unless the weekly take-home pay is lessthan 50 times the federal minimum hourly wage, in which case the entire amountmay be exempt.

12. Money, not to exceed$500,000 in present value, held in:

(a) An individual retirementarrangement which conforms with the applicable limitations and requirements ofsection 408 or 408A of the Internal Revenue Code, 26 U.S.C. 408 and 408A;

(b) A written simplifiedemployee pension plan which conforms with the applicable limitations andrequirements of section 408 of the Internal Revenue Code, 26 U.S.C. 408;

(c) A cash or deferredarrangement that is a qualified plan pursuant to the Internal Revenue Code;

(d) A trust forming part of astock bonus, pension or profit-sharing plan that is a qualified plan pursuantto sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. 401 et seq.;and

(e) A trust forming part of aqualified tuition program pursuant to chapter353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of theInternal Revenue Code, 26 U.S.C. 529, unless the money is deposited after theentry of a judgment against the purchaser or account owner or the money willnot be used by any beneficiary to attend a college or university.

13. All money and otherbenefits paid pursuant to the order of a court of competent jurisdiction forthe support, education and maintenance of a child, whether collected by thejudgment debtor or the State.

14. All money and otherbenefits paid pursuant to the order of a court of competent jurisdiction forthe support and maintenance of a former spouse, including the amount of anyarrearages in the payment of such support and maintenance to which the formerspouse may be entitled.

15. A vehicle for use by youor your dependent which is specially equipped or modified to provide mobilityfor a person with a permanent disability.

16. A prosthesis or anyequipment prescribed by a physician or dentist for you or your dependent.

17. Payments, in an amountnot to exceed $16,150, received as compensation for personal injury, notincluding compensation for pain and suffering or actual pecuniary loss, by thejudgment debtor or by a person upon whom the judgment debtor is dependent atthe time the payment is received.

18. Payments received ascompensation for the wrongful death of a person upon whom the judgment debtorwas dependent at the time of the wrongful death, to the extent reasonablynecessary for the support of the judgment debtor and any dependent of thejudgment debtor.

19. Payments received ascompensation for the loss of future earnings of the judgment debtor or of aperson upon whom the judgment debtor is dependent at the time the payment isreceived, to the extent reasonably necessary for the support of the judgmentdebtor and any dependent of the judgment debtor.

20. Payments received asrestitution for a criminal act.

These exemptions may not apply in certain cases such as a proceeding to enforcea judgment for support of a person or a judgment of foreclosure on a mechanicslien. You should consult an attorney immediately to assist you in determiningwhether your property or money is exempt from execution. If you cannot affordan attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderlypersons).

PROCEDUREFOR CLAIMING EXEMPT PROPERTY

If you believe that the moneyor property taken from you is exempt, you must complete and file with the clerkof the court a notarized affidavit claiming the exemption. A copy of theaffidavit must be served upon the sheriff and the judgment creditor within 8days after the notice of execution is mailed. The property must be returned toyou within 5 days after you file the affidavit unless you or the judgmentcreditor files a motion for a hearing to determine the issue of exemption. Ifthis happens, a hearing will be held to determine whether the property or moneyis exempt. The motion for the hearing to determine the issue of exemption mustbe filed within 10 days after the affidavit claiming exemption is filed. Thehearing to determine whether the property or money is exempt must be heldwithin 10 days after the motion for the hearing is filed.

IF YOU DO NOT FILE THE AFFIDAVITWITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THEJUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

(Added to NRS by 1989, 1135; A 1991, 811, 1412; 1995,227, 1071; 1997, 265, 3412; 2003, 1010, 1812; 2005, 382, 1012, 2228)

NRS 21.076 Noticeof writ of execution: Manner and time of service. Thenotice required by NRS 21.075 must beserved by the sheriff on the judgment debtor by regular mail at his last knownaddress or, if he is represented by an attorney, at the attorneys office. Theservice must be mailed by the next business day after the day the writ ofexecution was served.

(Added to NRS by 1989, 1136)

NRS 21.080 Propertyliable to execution; property not affected by execution until levy; exemptionof spendthrift trusts.

1. All goods, chattels, moneys and other property,real and personal, of the judgment debtor, or any interest therein of thejudgment debtor not exempt by law, and all property and rights of propertyseized and held under attachment in the action, shall be liable to execution.Subject to the provisions of chapter 104 ofNRS, shares and interests in any corporation or company, and debts and creditsand other property not capable of manual delivery, may be attached in executionin like manner as upon writs of attachments. Gold dust and bullion shall bereturned by the officer as so much money collected, at its current value, withoutexposing the same to sale. Until a levy, property shall not be affected by theexecution.

2. This chapter does not authorize the seizure of, orother interference with, any money, thing in action, lands or other propertyheld in spendthrift trust for a judgment debtor, or held in such trust for anybeneficiary, pursuant to any judgment, order or process of any bankruptcy orother court directed against any such beneficiary or his trustee, where thetrust has been created by, or the fund so held in trust has proceeded from, anyperson other than the judgment debtor or beneficiary himself.

[1911 CPA 345; A 1939, 60; 1931 NCL 8843](NRS A1965, 913)

NRS 21.090 Propertyexempt from execution.

1. The following property is exempt from execution,except as otherwise specifically provided in this section or required byfederal law:

(a) Private libraries, works of art, musicalinstruments and jewelry not to exceed $5,000 in value, belonging to thejudgment debtor or a dependent of the judgment debtor, to be selected by thejudgment debtor, and all family pictures and keepsakes.

(b) Necessary household goods, furnishings,electronics, wearing apparel, other personal effects and yard equipment, not toexceed $12,000 in value, belonging to the judgment debtor or a dependent of thejudgment debtor, to be selected by the judgment debtor.

(c) Farm trucks, farm stock, farm tools, farmequipment, supplies and seed not to exceed $4,500 in value, belonging to thejudgment debtor to be selected by him.

(d) Professional libraries, equipment, supplies, andthe tools, inventory, instruments and materials used to carry on the trade orbusiness of the judgment debtor for the support of himself and his family notto exceed $10,000 in value.

(e) The cabin or dwelling of a miner or prospector, hiscars, implements and appliances necessary for carrying on any mining operationsand his mining claim actually worked by him, not exceeding $4,500 in totalvalue.

(f) Except as otherwise provided in paragraph (o), onevehicle if the judgment debtors equity does not exceed $15,000 or the creditoris paid an amount equal to any excess above that equity.

(g) For any workweek, 75 percent of the disposableearnings of a judgment debtor during that week, or 50 times the minimum hourlywage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of1938, 29 U.S.C. 206(a)(1), and in effect at the time the earnings are payable,whichever is greater. Except as otherwise provided in paragraphs (n), (r) and(s), the exemption provided in this paragraph does not apply in the case of anyorder of a court of competent jurisdiction for the support of any person, anyorder of a court of bankruptcy or of any debt due for any state or federal tax.As used in this paragraph:

(1) Disposable earnings means that part of theearnings of a judgment debtor remaining after the deduction from those earningsof any amounts required by law to be withheld.

(2) Earnings means compensation paid orpayable for personal services performed by a judgment debtor in the regularcourse of business, including, without limitation, compensation designated asincome, wages, tips, a salary, a commission or a bonus. The term includescompensation received by a judgment debtor that is in the possession of thejudgment debtor, compensation held in accounts maintained in a bank or anyother financial institution or, in the case of a receivable, compensation thatis due the judgment debtor.

(h) All fire engines, hooks and ladders, with thecarts, trucks and carriages, hose, buckets, implements and apparatus thereuntoappertaining, and all furniture and uniforms of any fire company or departmentorganized under the laws of this State.

(i) All arms, uniforms and accouterments required bylaw to be kept by any person, and also one gun, to be selected by the debtor.

(j) All courthouses, jails, public offices andbuildings, lots, grounds and personal property, the fixtures, furniture, books,papers and appurtenances belonging and pertaining to the courthouse, jail andpublic offices belonging to any county of this State, all cemeteries, publicsquares, parks and places, public buildings, town halls, markets, buildings forthe use of fire departments and military organizations, and the lots andgrounds thereto belonging and appertaining, owned or held by any town orincorporated city, or dedicated by the town or city to health, ornament orpublic use, or for the use of any fire or military company organized under thelaws of this State and all lots, buildings and other school property owned by aschool district and devoted to public school purposes.

(k) All money, benefits, privileges or immunitiesaccruing or in any manner growing out of any life insurance, if the annualpremium paid does not exceed $15,000. If the premium exceeds that amount, asimilar exemption exists which bears the same proportion to the money,benefits, privileges and immunities so accruing or growing out of the insurancethat the $15,000 bears to the whole annual premium paid.

(l) The homestead as provided for by law, including ahomestead for which allodial title has been established and not relinquishedand for which a waiver executed pursuant to NRS115.010 is not applicable.

(m) The dwelling of the judgment debtor occupied as ahome for himself and family, where the amount of equity held by the judgmentdebtor in the home does not exceed $350,000 in value and the dwelling issituated upon lands not owned by him.

(n) All property in this State of the judgment debtorwhere the judgment is in favor of any state for failure to pay that statesincome tax on benefits received from a pension or other retirement plan.

(o) Any vehicle owned by the judgment debtor for use byhim or his dependent that is equipped or modified to provide mobility for aperson with a permanent disability.

(p) Any prosthesis or equipment prescribed by aphysician or dentist for the judgment debtor or a dependent of the debtor.

(q) Money, not to exceed $500,000 in present value,held in:

(1) An individual retirement arrangement whichconforms with the applicable limitations and requirements of section 408 or408A of the Internal Revenue Code, 26 U.S.C. 408 and 408A;

(2) A written simplified employee pension planwhich conforms with the applicable limitations and requirements of section 408of the Internal Revenue Code, 26 U.S.C. 408;

(3) A cash or deferred arrangement which is aqualified plan pursuant to the Internal Revenue Code;

(4) A trust forming part of a stock bonus,pension or profit-sharing plan which is a qualified plan pursuant to sections401 et seq. of the Internal Revenue Code, 26 U.S.C. 401 et seq.; and

(5) A trust forming part of a qualified tuitionprogram pursuant to chapter 353B of NRS, anyapplicable regulations adopted pursuant to chapter353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. 529,unless the money is deposited after the entry of a judgment against thepurchaser or account owner or the money will not be used by any beneficiary toattend a college or university.

(r) All money and other benefits paid pursuant to theorder of a court of competent jurisdiction for the support, education andmaintenance of a child, whether collected by the judgment debtor or the State.

(s) All money and other benefits paid pursuant to theorder of a court of competent jurisdiction for the support and maintenance of aformer spouse, including the amount of any arrearages in the payment of suchsupport and maintenance to which the former spouse may be entitled.

(t) Payments, in an amount not to exceed $16,150,received as compensation for personal injury, not including compensation forpain and suffering or actual pecuniary loss, by the judgment debtor or by aperson upon whom the judgment debtor is dependent at the time the payment isreceived.

(u) Payments received as compensation for the wrongfuldeath of a person upon whom the judgment debtor was dependent at the time ofthe wrongful death, to the extent reasonably necessary for the support of thejudgment debtor and any dependent of the judgment debtor.

(v) Payments received as compensation for the loss offuture earnings of the judgment debtor or of a person upon whom the judgmentdebtor is dependent at the time the payment is received, to the extentreasonably necessary for the support of the judgment debtor and any dependentof the judgment debtor.

(w) Payments received as restitution for a criminalact.

(x) Payments received pursuant to the federal SocialSecurity Act, including, without limitation, retirement and survivorsbenefits, supplemental security income benefits and disability insurancebenefits.

2. Except as otherwise provided in NRS 115.010, no article or species of propertymentioned in this section is exempt from execution issued upon a judgment torecover for its price, or upon a judgment of foreclosure of a mortgage or otherlien thereon.

3. Any exemptions specified in subsection (d) ofsection 522 of the Bankruptcy Act of 1978, 11 U.S.C. 522(d), do not apply toproperty owned by a resident of this State unless conferred also by subsection1, as limited by subsection 2.

[1911 CPA 346; A 1921, 22; 1941, 32; 1931 NCL 8844](NRS A 1969, 841; 1971, 1498; 1973, 23; 1975, 215; 1977, 650; 1979, 985,1637; 1981, 626; 1983, 99, 665; 1987, 1206; 1989, 4, 176, 645; 1991, 812, 1414;1993, 2629; 1995, 229; 1997, 267, 3414; 2003, 1012, 1814; 2005, 385, 974, 1015, 2230)

NRS 21.095 Propertyexempt from execution upon judgment for medical bill. Theprimary dwelling, including a mobile or manufactured home, of a judgment debtoris exempt from execution upon a judgment for a medical bill. The parcel of landupon which the dwelling is situated and any appurtenances thereto are alsoexempt if they are owned by the judgment debtor. These exemptions apply duringthe:

1. Lifetime of the judgment debtor, his spouse, hisdependent adult child if that child is mentally or physically disabled or ajoint tenant if he was a joint tenant when the judgment was entered; or

2. Minority of any child of the judgment debtor, ifthe judgment debtor or joint tenant resides in the dwelling, or the spouse,dependent or minor child of the judgment debtor resides in the dwelling.

(Added to NRS by 1989, 10)

NRS 21.100 Collectionsof minerals, art curiosities and paleontological remains exempt from execution.

1. Any bona fide owner of a collection or cabinet ofmetal-bearing ores, geological specimens, art curiosities, or paleontologicalremains who shall properly arrange, classify, number and catalog in a suitablebook or books of reference any such collection of ores, specimens, curiositiesor remains, whether the same be kept at a private residence or in a public hallor in a place of public business or traffic, shall be entitled to hold the sameexempt from execution as other property is exempted from execution under theprovisions of NRS 21.090.

2. The owner of any collection or cabinet as describedin subsection 1 shall keep constantly at or near such collection or cabinet,for free inspection of all visitors who may desire to examine the same, writtenor printed catalogs as provided in subsection 1. Any person owning suchcollection or cabinet who fails or neglects to comply with the provisions ofthis section shall forfeit all right to hold such collection or cabinet exemptfrom legal execution as provided herein.

3. Nothing in this section shall be construed so as toexempt from execution any numismatic collection, such as gold and silver coins,paper currency, bank notes, legal tender currency, national or state bonds, orany negotiable note, or valuable copper, bronze, nickel, platinum or othercoin.

[1:60:1879; BH 4986; C 5023; RL 5822; NCL 9426] + [2:60:1879; BH 4987; C 5024; RL 5823; NCL 9427] + [3:60:1879;BH 4988; C 5025; RL 5824; NCL 9428]

NRS 21.110 Executionof writ by sheriff. The sheriff shall, in themanner provided for writs of attachments in NRS31.060, execute the writ against the property of the judgment debtor bylevying on a sufficient amount of property, if there is sufficient, collectingor selling the things in action and selling the other property, and paying tothe plaintiff or his attorneys so much of the proceeds as will satisfy thejudgment, or depositing the amount with the clerk of the court. Any excess inthe proceeds over the judgment and the sheriffs fees must be returned to thejudgment debtor. When there is more property of the judgment debtor than issufficient to satisfy the judgment and the sheriffs fees within the view ofthe sheriff, he shall levy only on such part of the property as the judgmentdebtor may indicate; provided:

1. That the judgment debtor may indicate at the timeof the levy such part.

2. That the property indicated be amply sufficient tosatisfy such judgment and fees.

[1911 CPA 347; RL 5289; NCL 8845](NRS A 1989,463)

NRS 21.112 Claimof exemption: Procedure; release of property; undertaking by judgment creditor.

1. In order to claim exemption of any property leviedon, the judgment debtor must, within 8 days after the notice prescribed in NRS 21.075 is mailed, serve on the sheriffand judgment creditor and file with the clerk of the court issuing the writ ofexecution an affidavit setting out his claim of exemption. The clerk of thecourt shall provide the form for the affidavit.

2. When the affidavit is served, the sheriff shallrelease the property if the judgment creditor, within 5 days after writtendemand by the sheriff:

(a) Fails to give the sheriff an undertaking executedby two good and sufficient sureties which:

(1) Is in a sum equal to double the value of theproperty levied on; and

(2) Indemnifies the judgment debtor againstloss, liability, damages, costs and attorneys fees by reason of the taking,withholding or sale of the property by the sheriff; or

(b) Fails to file a motion for a hearing to determinewhether the property or money is exempt.

The clerk ofthe court shall provide the form for the motion.

3. At the time of giving the sheriff the undertakingprovided for in subsection 2, the judgment creditor shall give notice of theundertaking to the judgment debtor.

4. The sheriff is not liable to the judgment debtorfor damages by reason of the taking, withholding or sale of any property,where:

(a) No affidavit claiming exemption is served on him;or

(b) An affidavit claiming exemption is served on him,but the sheriff fails to release the property in accordance with this section.

5. Unless the court continues the hearing for goodcause shown, the hearing to determine whether the property or money is exemptmust be held within 10 days after the motion for the hearing is filed.

6. The judgment creditor shall give the judgmentdebtor at least 5 days notice of the hearing.

(Added to NRS by 1971, 1497; A 1989, 1137; 1991, 456)

NRS 21.114 Sureties:Submission to jurisdiction of court; exceptions to sufficiency andjustification.

1. By entering into any undertaking provided for in NRS 21.112, the sureties thereunder submitthemselves to the jurisdiction of the court and irrevocably appoint the clerkof the court as agent upon whom any papers affecting liability on the undertakingmay be served. Liability on such undertaking may be enforced on motion to thecourt without the necessity of an independent action. The motion and such reasonablenotice of the motion as the court prescribes may be served on the clerk of thecourt, who shall forthwith mail copies to the sureties if their addresses areknown.

2. Exceptions to the sufficiency of the sureties andtheir justification may be had and taken in the same manner as upon anundertaking given in other cases under titles 2 and 3 of NRS. If they, orothers in their place, fail to justify at the time and place appointed, thesheriff must release the property; but if no exception is taken within 5 daysafter notice of receipt of the undertaking, the judgment debtor shall be deemedto have waived any and all objections to the sufficiency of the sureties.

(Added to NRS by 1971, 1497)

NRS 21.118 Levyon property of going business.

1. If personal property levied on under a writ ofexecution belongs to a going business and the judgment debtor consents, thesheriff shall place a keeper in charge of such property for a period of atleast 2 days with the judgment creditor prepaying to the sheriff the expense ofsuch keeper.

2. During such period, the judgment debtor maycontinue to operate in the ordinary course of business at his own expense ifall sales are for cash and the full proceeds are given to the keeper for thepurpose of the execution.

3. After such period, the sheriff shall take suchproperty into immediate custody unless other disposition is made by the courtor agreed to by the judgment creditor and judgment debtor.

(Added to NRS by 1971, 1498)

NRS 21.120 Garnishmentin aid of execution; notice of writ of garnishment; third-party claims.

1. If personal property, including debts or creditsdue or to become due, is not in the possession or control of the debtor, thesheriff, upon instructions from the creditor and without requiring an order ofcourt, shall serve a writ of garnishment in aid of execution upon the party inwhose possession or control the property is found. Notice of the writ ofgarnishment must be served upon the judgment debtor in the same manner and formand within the time prescribed in NRS 21.075and 21.076 for property levied upon bywrit of execution.

2. If any property levied upon by writ of execution orby writ of garnishment in aid of execution is claimed by a third person as hisproperty, the same rules prevail as to the contents and making of the claim, asto the holding of the property and as to a hearing to determine title thereto,as in the case of a claim after levy under writ of attachment, as provided forby law.

[1911 CPA 347 1/2; added 1933, 88; 1931 NCL 8845.01](NRS A 1977, 482; 1989, 1137)

NRS 21.130 Noticeof sale under execution.

1. Before the sale of property on execution, notice ofthe sale, in addition to the notice required pursuant to NRS 21.075 and 21.076, must be given as follows:

(a) In cases of perishable property, by posting writtennotice of the time and place of sale in three public places at the township orcity where the sale is to take place, for such a time as may be reasonable,considering the character and condition of the property.

(b) In case of other personal property, by posting asimilar notice in three public places of the township or city where the sale isto take place, not less than 5 nor more than 10 days before the sale, and, incase of sale on execution issuing out of a district court, by the publicationof a copy of the notice in a newspaper, if there is one in the county, at leasttwice, the first publication being not less than 10 days before the date of thesale.

(c) In case of real property, by:

(1) Personal service upon each judgment debtoror by registered mail to the last known address of each judgment debtor;

(2) Posting a similar notice particularlydescribing the property, for 20 days successively, in three public places ofthe township or city where the property is situated and where the property isto be sold; and

(3) Publishing a copy of the notice three times,once each week, for 3 successive weeks, in a newspaper, if there is one in thecounty. The cost of publication must not exceed the rate for legal advertisingas provided in NRS 238.070. If thenewspaper authorized by this section to publish the notice of sale neglects orrefuses from any cause to make the publication, then the posting of notices asprovided in this section shall be deemed sufficient notice. Notice of the saleof property on execution upon a judgment for any sum less than $500, exclusive ofcosts, must be given only by posting in three public places in the county, oneof which must be the courthouse.

2. The sheriff shall not conduct a sale of theproperty on execution or deliver the judgment debtors property to the judgmentcreditor if the judgment debtor has not been properly notified as required inthis section and NRS 21.075 and 21.076.

[1911 CPA 348; A 1951, 153](NRS A 1965, 612; 1975,651; 1989, 1138)

NRS 21.140 Penaltiesfor selling without notice; defacing notice.

1. An officer selling without the notice prescribed byNRS 21.075, 21.076 and 21.130 forfeits $500 to the aggrievedparty, in addition to his actual damages.

2. A person willfully taking down or defacing thenotice posted pursuant to NRS 21.130, ifdone before the sale or, if the judgment is satisfied before sale, before thesatisfaction of the judgment, forfeits $500 to the aggrieved party.

[1911 CPA 349; RL 5291; NCL 8847](NRS A 1989,1138)

NRS 21.150 Conductof sales of real and personal property under execution: Place and time; who maynot be purchasers; sales of parcels; directions of judgment debtor. All sales of property under execution shall be made atauction to the highest bidder, and shall be made between the hours of 9 a.m.and 5 p.m. After sufficient property has been sold to satisfy the execution, nomore shall be sold. Neither the officer holding the execution nor his deputyshall become a purchaser or be interested in any purchase at such sale. Whenthe sale is of personal property capable of manual delivery, it shall be inview of those who attend the sale and be sold in such parcels as are likely to bringthe highest price; and when the sale is of real property and consisting ofseveral known lots or parcels, they shall be sold separately, or when a portionof such real property is claimed by a third person and he requires it to besold separately, such portion shall be thus sold. All sales of real propertyshall be made at the courthouse of the county in which the property or somepart thereof is situated. If the land to be sold under execution consists of asingle parcel, or two or more contiguous parcels, situated in two or morecounties, notice of the sale must be posted and published in each of suchcounties, as provided in this chapter. The judgment debtor, if present at thesale, may also direct the order in which property, real or personal, shall besold. When such property consists of several known lots or parcels, or ofarticles which can be sold to advantage separately, the sheriff shall be boundto follow such directions.

[1911 CPA 350; RL 5292; NCL 8848]

NRS 21.160 Proceedingsafter purchaser refuses to pay amount bid.

1. If a purchaser refuse to pay the amount bid by himfor property struck off to him at a sale under execution, the officer may againsell the property to the highest bidder, after again giving the noticehereinbefore provided.

2. If any loss be occasioned from the purchaserrefusing to pay his bid, the officer may recover the amount of such loss, withcosts, for the benefit of the party aggrieved, by motion upon previous noticeof 5 days to such purchaser, before any court of competent jurisdiction.

3. Such court shall proceed in a summary manner in thehearing and disposition of such motion, and give judgment and issue executiontherefor forthwith, but the refusing purchaser may claim a jury. And the sameproceedings may be had against any subsequent purchaser who shall refuse topay, and the officer may, in his discretion, thereafter reject the bid of anyperson so refusing.

4. Subsections 1, 2 and 3 shall not be construed tomake the officer liable for any more than the amount bid by the second orsubsequent purchaser and the amount collected from the purchaser refusing topay.

[1911 CPA 351; RL 5293; NCL 8849] + [1911 CPA 352; RL 5294; NCL 8850] + [1911 CPA 353; RL 5295; NCL 8851]

NRS 21.170 Deliveryof personal property capable of manual delivery to purchaser; certificate ofsale. When the purchaser of any personalproperty capable of manual delivery shall pay the purchase money, the officermaking the sale shall deliver to the purchaser the property, and if desiredshall execute and deliver to him a certificate of the sale and payment. Suchcertificate shall convey to the purchaser all the right, title and interestwhich the debtor had in and to such property on the day the execution was levied.

[1911 CPA 354; RL 5296; NCL 8852]

NRS 21.180 Deliveryof personal property not capable of manual delivery; certificate of sale. When the purchaser of any personal property not capable ofmanual delivery shall pay the purchase money, the officer making the sale shallexecute and deliver to the purchaser a certificate of sale and payment. Suchcertificate shall convey to the purchaser all right, title and interest whichthe debtor had in and to such property on the day the execution was levied.

[1911 CPA 355; RL 5297; NCL 8853]

NRS 21.190 Saleof real property; purchaser acquires rights of judgment debtor; absolute saleand sale subject to redemption; certificate of sale. Upona sale of real property, the purchaser shall be substituted to and acquire allthe right, title, interest and claim of the judgment debtor thereto. When theestate is less than a leasehold of 2 years unexpired term, the sale shall beabsolute. In all other cases the real property shall be subject to redemptionas provided in this chapter. The officer shall give to the purchaser acertificate of the sale containing:

1. A particular description of the real property sold.

2. The price bid for each distinct lot or parcel.

3. The whole price paid.

4. When subject to redemption it shall be so stated;and when the judgment, under which the sale has been made, is made payable in aspecified kind of money or currency, the certificate shall also state the kindof money or currency in which the redemption may be made, which shall be thesame as that specified in the judgment. A duplicate of such certificate shallbe filed by the officer in the office of the county recorder of the county.

[1911 CPA 356; RL 5298; NCL 8854]

NRS 21.200 Realproperty sold subject to redemption; who may redeem; redemptioner defined.

1. Property sold subject to redemption, as provided inNRS 21.190, or any part sold separately,may be redeemed in the manner hereinafter provided by the following persons ortheir successors in interest:

(a) The judgment debtor or his successor in interest,in the whole or any part of the property.

(b) A creditor having a lien by judgment or mortgage onthe property sold, or on some share or part thereof, subsequent to that onwhich the property was sold.

2. The person mentioned in paragraph (b) of subsection1 is termed a redemptioner in this chapter.

[1911 CPA 357; RL 5299; NCL 8855]

NRS 21.210 Timeand manner of redemption. The judgment debtoror redemptioner may redeem the property from the purchaser any time within 1year after the sale on paying the purchaser the amount of his purchase pricewith 1 percent per month thereon in addition, to the time of redemption, togetherwith:

1. The amount of any assessment, taxes or paymentstoward liens which were created prior to the purchase, which the purchaser mayhave paid thereon after purchase, and interest on such amount; and

2. If the purchaser is also a creditor, having a priorlien to that of the redemptioner, other than the judgment under which thepurchase was made, the amount of such lien, with interest.

[1911 CPA 358; A 1933, 150; 1939, 53; 1931 NCL 8856](NRS A 1973, 173)

NRS 21.220 Successiveredemptions; redemption from previous redemptioner; notice of redemption;sheriffs deed; certificate of redemption.

1. If property be so redeemed by a redemptioner,another redemptioner may, within 60 days after the last redemption, againredeem it from the last redemptioner on paying the sum paid on such lastredemption with 2 percent thereon in addition, and the amount of anyassessments or taxes which the last redemptioner may have paid thereon afterthe redemption by him, with interest on that amount, and in addition the amountof any liens held by the last redemptioner prior to his own, with interest, butthe judgment under which the property was sold need not be so paid as a lien.

2. The property may be again, and as often as aredemptioner is so disposed, redeemed from any previous redemptioner within 60days after the last redemption, on paying the sum paid on the last previousredemption, with 2 percent thereon in addition, and the amounts of anyassessments or taxes which the last previous redemptioner paid after theredemption by him, with interest thereon, and the amount of any liens, otherthan the judgment under which the property was sold, held by the lastredemptioner previous to his own, with interest.

3. Written notice of redemption must be given to thesheriff and a duplicate recorded with the recorder of the county, and if anytaxes or assessments are paid by the redemptioner, or if he has or acquires anylien other than that upon which the redemption was made, notice thereof must inlike manner be given to the sheriff and recorded with the recorder and, if thenotice is not recorded, the property may be redeemed without paying the tax,assessment or lien.

4. If no redemption is made within 1 year after thesale, the purchaser, or his assignee, is entitled to a conveyance or, if soredeemed, whenever 60 days have elapsed and no other redemption has been madeand notice thereof given, and the time for redemption has expired, the lastredemptioner, or his assignee, is entitled to a sheriffs deed, but in allcases the judgment debtor has the entire period of 1 year after the date of thesale to redeem the property.

5. If the judgment debtor redeems, he must make thesame payments as are required to effect a redemption by a redemptioner. If thedebtor redeems, the effect of the sale is terminated, and he is restored to hisestate.

6. Upon a redemption by the debtor, the person to whomthe payment is made must execute and deliver to him a certificate ofredemption, acknowledged or approved before a person authorized to takeacknowledgments of conveyances of real property. The certificate must berecorded in the office of the recorder of the county in which the property issituated.

[1911 CPA 359; A 1933, 150; 1939, 53; 1931 NCL 8857](NRS A 1969, 490; 1981, 1220; 2001, 1747)

NRS 21.230 Paymentsof redemption to purchaser, redemptioner or officer; documents to be served byredemptioner; sheriff to pay over money.

1. The payments mentioned in NRS 21.210 and 21.220 may be made to the purchaser orredemptioner, or for him to the officer who made the sale. When the judgmentunder which the sale has been made is payable in a specified kind of money orcurrency, payments must be made in the same kind of money or currency, and atender of the money is equivalent to payment.

2. Notice of redemption must be served by aredemptioner upon the sheriff and the person from whom he seeks to redeemtogether with:

(a) A copy of the docket of the judgment under which heclaims the right to redeem, certified by the clerk of the court or of the countywhere the judgment is docketed, or, if he redeems upon a mortgage or otherlien, a note of the record thereof, certified by the recorder.

(b) A copy of any assignment necessary to establish hisclaim, verified by the affidavit of himself, or his agent, or of a subscribingwitness thereto.

(c) An affidavit by himself, or his agent, showing theamount then actually due on the lien.

3. Upon the payment to the sheriff of any money forthe redemption of property as provided in this chapter, the sheriff shall payover the same to the person entitled thereto.

[1911 CPA 360; A 1939, 53; 1931 NCL 8858]

NRS 21.240 Courtmay restrain waste until expiration of period for redemption; what is notconsidered waste. Until the expiration of thetime allowed for redemption, the court may restrain the commission of waste onthe property, or may appoint a receiver to take charge of the property, or theproceeds thereof, by order granted with or without notice, on the applicationof the purchaser or the judgment creditor. But it shall not be deemed waste forthe person in possession of the property at the time of sale, or entitled topossession afterwards, during the period allowed for redemption, to continue touse it in the same manner in which it was previously used; or to use it in theordinary course of husbandry; or to make necessary repairs of buildingsthereon; or to use wood or timber on the property therefor, or for the repairof fences, or for fuel for his family while he occupies the property.

[1911 CPA 362; RL 5304; NCL 8860]

NRS 21.250 Dispositionof rents and profits. The purchaser from thetime of a sale until a redemption, and a redemptioner from the time of hisredemption until another redemption, shall be entitled to receive from thetenant in possession, the rents of the property sold, or the value of the useand occupation thereof; but in case the property shall be redeemed as providedin this chapter, the amount of such rents, and profits which may have beenreceived by such purchaser or redemptioner, or which the purchaser orredemptioner may have been entitled to claim or receive, unless such claimshall be released to the person claiming such right of redemption, shall bededucted from the amount which the purchaser or redemptioner would be entitledto receive on such redemption.

[1911 CPA 363; RL 5305; NCL 8861]

NRS 21.260 Recoveryby purchaser from judgment creditor after eviction from property because ofirregularities of sale; revival of original judgment.

1. If the purchaser of real property sold onexecution, or his successor in interest, or a redemptioner is evicted therefrombecause of irregularities in the proceedings concerning the sale or of thereversal or discharge of the judgment, he may recover the price paid, withinterest, from the judgment creditor.

2. If the purchaser of property at a sheriffs sale,or his successor in interest, fails to recover possession in consequence ofirregularity in the proceedings concerning the sale, or because the propertysold was not subject to execution and sale, the court having jurisdictionthereof shall, on petition of such party in interest, or his attorney, revivethe original judgment for the amount paid by the purchaser at the sale, withinterest thereon from the time of payment at the same rate that the originaljudgment bore, and when so revived, the judgment has the same effect as anoriginal judgment of the court of that date, and bearing interest as aforesaid,and any other or after-acquired property, rents, issues or profits of thedebtor is liable to levy and sale, under execution in satisfaction of the debtif:

(a) No property of the debtor bona fide sold upon therecording of the petition is subject to the lien of the judgment; and

(b) The notice of the recording of the petition is madeby recording a notice thereof in the office of the recorder of the county wherethe property is situated, and that the judgment must be revived in the name ofthe original plaintiff or plaintiffs, for the use of the petitioner, the partyin interest.

[1911 CPA 364; RL 5306; NCL 8862](NRS A 2001, 1748)

PROCEEDINGS SUPPLEMENTARY TO EXECUTION

NRS 21.270 Examinationof judgment debtor.

1. A judgment creditor, at any time after the judgmentis entered, is entitled to an order from the judge of the court requiring thejudgment debtor to appear and answer upon oath or affirmation concerning hisproperty, before:

(a) The judge or a master appointed by him; or

(b) An attorney representing the judgment creditor,

at a timeand place specified in the order. No judgment debtor may be required to appearoutside the county in which he resides.

2. If the judgment debtor is required to appear beforeany person other than a judge or master:

(a) His oath or affirmation must be administered by anotary public; and

(b) The proceedings must be transcribed by a courtreporter or recorded electronically. The transcript or recording must bepreserved for 2 years.

3. A judgment debtor who is regularly served with anorder issued pursuant to this section, and who fails to appear at the time andplace specified in the order, may be punished for contempt by the judge issuingthe order.

[1911 CPA 365; RL 5307; NCL 8863](NRS A 1983,17; 1989, 902)

NRS 21.280 Proceedingsin aid of execution; appearance of judgment debtor before court; arrest; bailor commitment. After the issuing of an executionagainst property, and upon proof by affidavit of a party or otherwise, to thesatisfaction of the court or of the judge thereof, that any judgment debtor hasproperty which he unjustly refuses to apply toward the satisfaction of thejudgment, such court or judge may by an order require the judgment debtor toappear at a specified time and place before such judge, or master appointed byhim, to answer concerning the same; and such proceedings may thereupon be hadfor the application of the property of the judgment debtor toward thesatisfaction of the judgment as are provided upon the return of an execution.Instead of the order requiring the attendance of the judgment debtor, the judgemay, upon affidavit of the judgment creditor, his agent, or attorney, if itappear to him that there is danger of the debtor absconding, order the sheriffto arrest the debtor and bring him before such judge. Upon being brought beforethe judge, he may be ordered to enter into an undertaking, with sufficientsurety, that he will attend from time to time before the judge, or master, asshall be directed during the pendency of proceedings, and until the finaldetermination thereof, and will not in the meantime dispose of any portion ofhis property not exempt from execution. In default of entering into suchundertaking, he may be committed to prison.

[1911 CPA 366; RL 5308; NCL 8864]

NRS 21.290 Thirdparty may pay judgment. After the issuing ofan execution against property, any person indebted to the judgment debtor maypay to the sheriff the amount of his debt, or so much thereof as may benecessary to satisfy the execution, and the sheriffs receipt shall be asufficient discharge for the amount so paid.

[1911 CPA 367; RL 5309; NCL 8865]

NRS 21.300 Debtorof judgment debtor may be examined. After theissuing or return of an execution against property of the judgment debtor, orof any one of several debtors in the same judgment, and upon proof by affidavitor otherwise, to the satisfaction of the judge, that any person or corporationhas property of such judgment debtor, or is indebted to him in an amountexceeding $50, the judge may, by an order, require such person or corporation,or any officer or member thereof, to appear at a specified time and placebefore him, or a master appointed by him, and answer concerning the same.

[1911 CPA 368; RL 5310; NCL 8866]

NRS 21.310 Witnessesrequired to testify. Witnesses may be requiredto appear and testify before the judge or master conducting any proceedingunder this chapter in the same manner as upon the trial of an issue.

[1911 CPA 369; RL 5311; NCL 8867](NRS A 1989,903)

NRS 21.320 Judgemay order property applied toward satisfaction of judgment. The judge or master may order any property of the judgmentdebtor not exempt from execution, in the hands of such debtor or any otherperson, or due to the judgment debtor, to be applied toward the satisfaction ofthe judgment.

[1911 CPA 370; RL 5312; NCL 8868]

NRS 21.330 Proceedingson claim of third party to property or on denial of debt to judgment debtor. If it appears that a person or corporation alleged to haveproperty of the judgment debtor, or indebted to him, claims an interest in theproperty adverse to him, or denies the debt, the court or judge may authorize,by an order made to that effect, the judgment creditor to institute an actionagainst such person or corporation for the recovery of such interest or debt;and the court or judge may, by order, forbid a transfer or other disposition ofsuch interest or debt until an action can be commenced and prosecuted tojudgment. Such order may be modified or vacated by the judge granting the same,or the court in which the action is brought, at any time, upon such terms asmay be just.

[1911 CPA 371; RL 5313; NCL 8869]

NRS 21.340 Disobedienceof masters orders; contempts. If any person,party or witness disobey an order of the master, properly made in theproceedings before him under this chapter, he may be punished by the court orjudge ordering the reference, for a contempt.

[1911 CPA 372; RL 5314; NCL 8870]