Title 28 — Judicial Procedure, Civil

Except as otherwise provided, the property mentioned in this chapter is exempt to the head of a family, as defined by section 28-22-01.1, from attachment, prejudgment, or other mesne process and from levy and sale upon execution and from any other final process issued from any co…

The phrase "head of a family" as used in this chapter means: 1. The husband or wife when the claimant is a married person. 2. Every person who has residing on the premises with the person and under the person's care and maintenance, any of the following: a. That person's child or…

The property mentioned in this section is absolutely exempt from all process, levy, or sale: 1. All family pictures. 2. A pew or other sitting in any house of worship. 3. A lot or lots in any burial ground. 4. One family Bible or other family primary religious text and all school…

In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, the head of a family, personally or by that person's agent, may select from that person's other personal property, any goods, chattels, merchandise, money, and other personal pro…

In addition to the exemptions from all attachment or process, levy and sale upon execution, and any other final process issued from any court, otherwise provided by law, a resident of the state may select: 1. In lieu of the homestead exemption, up to twenty-five thousand dollars.…

Repealed by S.L. 2009, ch. 276, § 12.

In addition to the absolute exemptions mentioned in section 28-22-02, except in subsection 8 thereof, an unmarried person without any dependents, in person or by that person's agent, may select from that person's other personal property, goods, chattels, merchandise, money, or ot…

Any claim for exemptions must be made by or on behalf of the debtor within ten days after service of notice of levy.

All property claimed as exempt must be selected by the debtor or the debtor's agent or attorney regardless of whether levy has been made yet on the property by the sheriff or levying officer. Failure to claim all exempt property at the time exemptions are claimed renders the uncl…

To make the appraisement, the debtor or the debtor's agent or attorney shall select one person, the creditor or the creditor's agent or attorney shall select another person, and these two so selected shall select a third person. All persons selected must be disinterested resident…

The three appraisers shall take and subscribe an oath before the sheriff or other officer, to be attached to the inventory and appraisement, that they will truly, honestly, and impartially appraise the property of the debtor. The property must be appraised at the actual value of …

If the appraisement of the whole property or of any class of alternative exemptions exceeds the limitation in value of that which may be claimed by the debtor as exempt, the debtor, or the debtor's agent or attorney, may select therefrom such property as the debtor, or the debtor…

If in any case the debtor neglects or refuses, or for any cause fails, to claim the whole or any of the exemptions to which the debtor is entitled, a spouse may make such claim or demand, select and choose the property, select and designate one of the appraisers, and do all other…

The sheriff or other officer having any process of levy or sale shall make return with the sheriff's or officer's writ or warrant of any inventory and appraisement of any personal property claimed as exempt.

A partnership or limited liability company can claim but one exemption, which must be in the amount in value or in alternative property allowed to the head of a family, if any one of the partners or members is the head of a family, and must be in the amount in value allowed to a …

No property is exempt from execution or attachment in an action brought for its purchase price or any part thereof.

Only absolute exemptions may be allowed against process: 1. For the wages of a laborer or mechanic who is, or had been, employed by the judgment debtor; 2. Upon a debt incurred for property obtained under false pretenses; 3. For fines, penalties, or costs of criminal prosecutions…

In addition to the absolute exemptions against process, on a judgment for forfeiture of an undertaking or bond or of recognizance taken in criminal cases, there must be allowed as exempt property, property of any kind to the value of five hundred dollars.

In accordance with the provisions of section 522(b) of the Bankruptcy Reform Act of 1978 [Pub. L. 95-598; 92 Stat. 2586; 11 U.S.C. 522(b)], residents of this state are not entitled to the federal exemptions provided in section 522(d) of the Bankruptcy Reform Act of 1978. The resi…

The wages of a debtor are exempt from all process or levy only to the extent provided in section 32-09.1-03.

The following amounts are exempt from liability for debts of the person to or on account of whom the amounts are paid, and are not subject to seizure upon execution or other process: 1. All pensions or annuities or retirement, disability, death, or other benefits paid or payable …