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Nothing in this section shall be construed so as to exempt from execution any numismatic collection, such as gold and silver coins, paper currency, bank notes, legal tender currency, national or state bonds, or any negotiable note, or valuable copper, bronze, nickel, platinum or other coin.
[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 Execution of writ by sheriff. The sheriff shall, in the manner provided for writs of attachments in NRS 31.060, execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, if there is sufficient, collecting or selling the things in action and selling the other property, and paying to the plaintiff or his attorneys so much of the proceeds as will satisfy the judgment, or depositing the amount with the clerk of the court. Any excess in the proceeds over the judgment and the sheriff’s fees must be returned to the judgment debtor. When there is more property of the judgment debtor than is sufficient to satisfy the judgment and the sheriff’s fees within the view of the sheriff, he shall levy only on such part of the property as the judgment debtor may indicate; provided:
1. That the judgment debtor may indicate at the time of the levy such part.
2. That the property indicated be amply sufficient to satisfy such judgment and fees.
[1911 CPA § 347; RL § 5289; NCL § 8845]—(NRS A 1989, 463)
NRS 21.112 Claim of exemption: Procedure; release of property; undertaking by judgment creditor.
1. In order to claim exemption of any property levied on, the judgment debtor must, within 8 days after the notice prescribed in NRS 21.075 is mailed, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out his claim of exemption. The clerk of the court shall provide the form for the affidavit.
2. When the affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff:
(a) Fails to give the sheriff an undertaking executed by two good and sufficient sureties which:
(1) Is in a sum equal to double the value of the property levied on; and
(2) Indemnifies the judgment debtor against loss, liability, damages, costs and attorney’s 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 determine whether the property or money is exempt.
The clerk of the court shall provide the form for the motion.
3. At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.
4. The sheriff is not liable to the judgment debtor for 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 good cause shown, the hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
6. The judgment creditor shall give the judgment debtor 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 and justification.
1. By entering into any undertaking provided for in NRS 21.112, the sureties thereunder submit themselves to the jurisdiction of the court and irrevocably appoint the clerk of the court as agent upon whom any papers affecting liability on the undertaking may be served. Liability on such undertaking may be enforced on motion to the court without the necessity of an independent action. The motion and such reasonable notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
2. Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking given in other cases under titles 2 and 3 of NRS. If they, or others in their place, fail to justify at the time and place appointed, the sheriff must release the property; but if no exception is taken within 5 days after notice of receipt of the undertaking, the judgment debtor shall be deemed to have waived any and all objections to the sufficiency of the sureties.
(Added to NRS by 1971, 1497)
NRS 21.118 Levy on property of going business.
1. If personal property levied on under a writ of execution belongs to a going business and the judgment debtor consents, the sheriff shall place a keeper in charge of such property for a period of at least 2 days with the judgment creditor prepaying to the sheriff the expense of such keeper.
2. During such period, the judgment debtor 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 given to the keeper for the purpose of the execution.
3. After such period, the sheriff shall take such property into immediate custody unless other disposition is made by the court or agreed to by the judgment creditor and judgment debtor.
(Added to NRS by 1971, 1498)
NRS 21.120 Garnishment in aid of execution; notice of writ of garnishment; third-party claims.
1. If personal property, including debts or credits due or to become due, is not in the possession or control of the debtor, the sheriff, upon instructions from the creditor and without requiring an order of court, shall serve a writ of garnishment in aid of execution upon the party in whose possession or control the property is found. Notice of the writ of garnishment must be served upon the judgment debtor in the same manner and form and within the time prescribed in NRS 21.075 and 21.076 for property levied upon by writ of execution.
2. If any property levied upon by writ of execution or by writ of garnishment in aid of execution is claimed by a third person as his property, the same rules prevail as to the contents and making of the claim, as to 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 for by law.
[1911 CPA § 347 1/2; added 1933, 88; 1931 NCL § 8845.01]—(NRS A 1977, 482; 1989, 1137)
NRS 21.130 Notice of sale under execution.
1. Before the sale of property on execution, notice of the 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 written notice of the time and place of sale in three public places at the township or city 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 a similar notice in three public places of the township or city where the sale is to take place, not less than 5 nor more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.
(c) In case of real property, by:
(1) Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor;
(2) Posting a similar notice particularly describing the property, for 20 days successively, in three public pl
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