108.2423 - Enforcement of liability of principal and surety. - Nevada Statutes

108.2423  Enforcement of liability of principal and surety.

      1.  By entering into a surety bond given pursuant to NRS 108.2415, the principal and surety submit themselves to the jurisdiction of the court in which an action or suit is pending on a notice of lien on the property described in the surety bond, and the principal and surety irrevocably appoint the clerk of that court as their agent upon whom any papers affecting the liability on the surety bond may be served. The liability of the principal may be established by the court in the pending action. The liability of the surety may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the principal and surety if their addresses are known.

      2.  The motion described in subsection 1 must not be instituted until 30 days after:

      (a) If a notice of appeal from the judgment is not filed, the giving of notice of entry of judgment in the action against the lien claimant’s debtor or the giving of notice of entry of judgment in an action against the principal or the lien claimant’s debtor, as the case may be; or

      (b) If an appeal has been taken from the judgment, the filing of the remittitur from the Supreme Court.

      (Added to NRS by 1981, 31; A 2003, 2613)