§ 31.940 — Claim by third party; undertaking by plaintiff; determination of title

1. If the property taken is claimed by any other person than the defendant or the defendant’s agent, and such person makes an affidavit of the person’s title thereto, or right to possession thereof, stating the grounds of such title or right, and files the affidavit with the court and serves a copy upon the sheriff, the sheriff is not bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of the sheriff or the sheriff’s agent, indemnifies the sheriff against such claim by an undertaking by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. No claim to such property by any other person than the defendant or the defendant’s agent is valid against the sheriff unless so made.
2. The title to such property shall be determined in the manner provided for in cases of third-party claims after levy under a writ of execution or attachment.

Legislative History

[1911 CPA § 192; RL § 5134; NCL § 8690]—(NRS A 1971, 153 ; 1973, 1152 )