Title 32 — Judicial Remedies

An action may be maintained in the district court to foreclose any lien upon personal property.

If the plaintiff is not in possession of the property, the judge of the court in which the action is commenced, at the time of the commencement of the action or at any time before judgment, may issue a warrant commanding the sheriff to seize and safely keep the same to abide the …

Repealed by S.L. 1985, ch. 378, § 5.

Before issuing the warrant, the clerk must require a written undertaking on the part of the plaintiff with sufficient surety to the effect that if the defendant recovers judgment the plaintiff will pay all costs that may be awarded to the defendant, and all damages which the defe…

Within ten days after notice of the issuing of a warrant to seize the defendant's property, the defendant may, by special answer, deny the existence, at the time of the making of the affidavit, of the material facts stated therein, and may assert undue hardship as a defense. The …

In making its determination of the issue raised by the special answer, the court shall consider any undue hardship on the defendant that would result from an issuance of the warrant. If the court finds for the defendant, the judge shall tax the defendant's costs of such trial, an…

In an action for the foreclosure of a lien on personal property, judgment in favor of the plaintiff must specify the amount due on the lien and must direct a sale of the property to satisfy the same and the costs, by a person appointed thereby, or by an officer designated therein…

The provisions of the chapter on attachment in this title relative to rebonding, the sale of perishable property, and proceedings in case judgment is in favor of the defendant shall apply to proceedings under this chapter so far as the same are applicable.

In all cases of foreclosure of chattel liens of any kind, foreclosure will be ordered only upon proof that the property or some part thereof is in existence, subject to execution, and within the jurisdiction of the court.

This chapter does not affect any right or remedy to foreclose or otherwise enforce or satisfy a lien upon or security interest in personal property without action as prescribed in sections 41-09-98 through 41-09-123.