Title 28 — Judicial Procedure, Civil
46 chapters · 434 sections in this title.
N.D.C.C. § 28-21-01 Execution at any time within twenty years
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A judgment creditor or the party's duly appointed personal representatives at any time within twenty years after the entry of judgment may proceed to enforce the judgment by execution as provided in this chapter. If the judgment creditor in a mortgage foreclosure does not proceed…
N.D.C.C. § 28-21-02 Stay of execution but not of judgment
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Superseded by N.D.R.Civ.P., Rule 62.
N.D.C.C. § 28-21-03 Two kinds of execution
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There are two kinds of execution, one against the property of the judgment debtor and another for the delivery of the possession of property and any damages for withholding the property.
N.D.C.C. § 28-21-03.1 General execution
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If the judgment requires the payment of money or the delivery of property, the judgment may be enforced by execution.
N.D.C.C. § 28-21-04 Special executions
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If the judgment requires the sale of property, the judgment may be enforced by a special execution directing the sale and application of the proceeds in conformity with the judgment. Real property must be sold in the county in which it is located.
N.D.C.C. § 28-21-04.1 Self-execution judgments
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If the judgment requires the performance of any act, obedience to that act may be enforced by service of a certified copy of the judgment upon the party against whom it is given, or the person who is required to obey the same. Refusal may be punished by contempt.
N.D.C.C. § 28-21-04.2 Summary execution on moneys retained pursuant to garnishment
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If a judgment creditor proposes to execute on moneys owed to the judgment debtor by a third party who is retaining the money pursuant to garnishment, the execution must be made between twenty and three hundred sixty days after service of the garnishment summons. The execution may…
N.D.C.C. § 28-21-05 Execution issued to sheriff of counties where judgment docketed
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An execution may be issued by the clerk of court in which the judgment was entered to the sheriff of any county where the judgment is docketed. If the execution requires the delivery of real or personal property, the execution may be issued to the sheriff of any county where the …
N.D.C.C. § 28-21-05.1 Levy with certified copy of judgment
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A sheriff may levy upon a person's personal property upon receipt of a certified copy of judgment docketed in any county requiring payment of money or the delivery of personal property. The judgment creditor may also proceed to enforce the judgment by execution. 28-21-05.2. Depar…
N.D.C.C. § 28-21-06 Issuance and contents of execution
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An execution must be issued in the name of the state of North Dakota, attested in the name of the judge of the court that entered the judgment, sealed with the seal of the court, subscribed by the clerk of that court, and directed and delivered to a sheriff. The execution must de…
N.D.C.C. § 28-21-07 Time of return
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The execution must be returned to the clerk within sixty days after the receipt by the officer. If a sheriff's levy has been made within the sixty days, the execution must be returned within a reasonable time following the completion of the sale of the property or ninety days aft…
N.D.C.C. § 28-21-08 Property subject to levy - Manner of levy
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1. An interest in property of the judgment debtor not exempt by law is subject to execution. Shares and interests in any corporation or company, debts and credits, and all other property not capable of manual delivery may be taken on execution and sold as provided in this chapter…
N.D.C.C. § 28-21-09 Pledged or mortgaged property may be levied on
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When property is pledged or mortgaged or is subject to a lien, the right and interest of the judgment debtor may be sold without taking possession of or removing the property to the place of sale, but the entire right and interest of the debtor in the property pledged or covered …
N.D.C.C. § 28-21-10 Officer's proceedings on execution
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When an execution is delivered to any officer, the officer shall endorse on the execution the day and hour when the officer received the execution and shall proceed to execute the execution with diligence. If executed, an exact description of the property sold with the date of th…
N.D.C.C. § 28-21-11 Levy and sale
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The officer shall execute the writ by levying on the property of the judgment debtor, or by selling the same, selling the other property, and paying to the judgment creditor the proceeds, or so much thereof as will satisfy the execution.
N.D.C.C. § 28-21-12 Notice of levy - Service - Contents
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In all cases of levy upon personal property, the sheriff or other officer must serve the notice of levy in the same manner as a summons is served in accordance with the North Dakota Rules of Civil Procedure. Such notice must have written or printed upon its face the further notic…
N.D.C.C. § 28-21-12.1 Property delivery - Penalty
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Any person who has received notice of levy in accordance with this chapter and fails to surrender and deliver the property levied on under section 28-21-08 upon demand of the sheriff is guilty of a class B misdemeanor and may be guilty of contempt of court.
N.D.C.C. § 28-21-13 Amount levied - When lien on personalty
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The officer shall select as nearly as practicable property in quantities as will be likely to bring the exact amount required to be raised and may make more than one levy if the officer determines multiple levies necessary. A writ of execution is not a lien on personal property b…
N.D.C.C. § 28-21-13.1 Levy when more than one execution is outstanding
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If more than one execution against a judgment debtor is outstanding when a levy upon property of a judgment debtor is made, the property must be applied to the execution first received by the sheriff. The balance, if any, of the property must be applied to subsequent executions i…
N.D.C.C. § 28-21-14 What need not be sold
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Money levied on may be appropriated without being advertised or sold. The same may be done with judgments, drafts, promissory notes, or other papers of like character, if the judgment creditor will receive them at their par value as cash or if the officer can exchange them for ca…
N.D.C.C. § 28-21-15 Payment to sheriff by debtor's debtor
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After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of that person's debt, or so much thereof as is necessary to satisfy the execution, and the sheriff's receipt is a sufficient discharge for the amount so …
N.D.C.C. § 28-21-16 Claim by third person - Sheriff's jury
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Repealed by S.L. 1985, ch. 347, § 9.
N.D.C.C. § 28-21-17 Execution against principal first
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If a judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it appears to the court that a person signed the same as surety or bail for that person's codefendant, the court shall state which of the defendants is principal debtor …
N.D.C.C. § 28-21-18 Return of writ by mail
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When execution is issued in any county and directed and delivered to the sheriff of another county, the sheriff after discharging all the duties required by law shall mail the execution to the clerk who issued the execution. On proof by the sheriff that the execution was mailed s…
N.D.C.C. § 28-21-19 Amercement of sheriff
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-20 Amercement of clerk
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-21 Measure of amercement
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-22 Procedure against officer
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-23 Surety of sheriff made party
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-24 Officer's reimbursement
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Repealed by S.L. 1993, ch. 103, § 8.
N.D.C.C. § 28-21-25 Limitation on bond requirements in litigation
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1. In civil litigation under any legal theory, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review must be set in accordance with applicable laws or court rules, except that the total supersedeas bond that is req…
N.D.C.C. § 28-21-26 Amount payable to sheriff by depository institution or credit union
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The amount payable to a sheriff by a depository institution or credit union that has been served with a notice of levy is limited to the lesser of the amount necessary to satisfy the execution or the deposit account balance of the debtor as shown by the deposit institution's or c…