31.200 - Grounds for discharge of attachment. - Nevada Statutes

31.200  Grounds for discharge of attachment.

      1.  The defendant may also, at any time before trial, apply by motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, for a discharge of the attachment, or the money or property attached through the use of a writ of garnishment, on the following grounds:

      (a) That the writ was improperly or improvidently issued.

      (b) That the property levied upon is exempt from execution or necessary and required by the defendant for the support and maintenance of the defendant and the members of the defendant’s family.

      (c) That the levy is excessive.

      2.  If the court or the judge thereof on the hearing of such motion shall find that any of the grounds stated in subsection 1 exist, the attachment and levy thereof shall be discharged. If the motion is based upon paragraph (c) of subsection 1 only, and the fact is found to exist, the discharge of attachment shall be only as to the excess.

      [1911 CPA § 223; A 1921, 4; NCL § 8721]—(NRS A 1973, 1180)