§ 21.080 — Property liable to execution; property not affected by execution until levy; exemption of certain trusts

1. All goods, chattels, money and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution. Subject to the provisions of chapters 104 to 104C , inclusive, of NRS, shares and interests in any corporation or company, and debts and credits and other property not capable of manual delivery, may be attached in execution in like manner as upon writs of attachments. Gold dust and bullion must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.
2. This chapter does not authorize the seizure of, or other interference with, any money, thing in action, lands or other property held in spendthrift trust or in a discretionary or support trust governed by chapter 163 of NRS for a judgment debtor, or held in such trust for any beneficiary, pursuant to any judgment, order or process of any bankruptcy or other court directed against any such beneficiary or trustee of the beneficiary. This subsection does not apply to the interest of the beneficiary of a trust where the fund so held in trust has proceeded from the beneficiary unless:
(a) The beneficiary is the settlor of the trust; and
(b) The trust is a spendthrift trust that was created in compliance with the provisions of chapter 166 of NRS.

Legislative History

[1911 CPA § 345; A 1939, 60 ; 1931 NCL § 8843]—(NRS A 1965, 913 ; 2007, 895 ; 2009, 807 )