Title 28, Judicial Procedure, Civil

Every clerk of the district court, upon the presentation of an assignment of any judgment rendered or docketed in the court, signed by the party in whose favor the judgment is rendered, or by the party's executor or administrator, and acknowledged in the manner prescribed by law …

1. For judgments initially docketed before August 1, 2021, any judgment that in whole or in part directs the payment of money and which may be docketed in the office of the clerk of any district court in this state may be renewed by the affidavit of the judgment creditor or of th…

For judgments initially docketed before August 1, 2021, if the judgment was rendered in a court of this state, the affidavit for renewal must be filed with the clerk of court where the judgment was first docketed and the clerk of court shall file a copy of the affidavit for renew…

For judgments initially docketed before August 1, 2021, the entry and docketing of an affidavit of renewal of a judgment operates to continue the lien of the judgment to the extent of the balance due on said judgment as shown by the affidavit on all real property, except the home…

Any judgment rendered or docketed in any district court of this state may be canceled and discharged by the clerk thereof, upon the filing with the clerk of an acknowledgment of the satisfaction thereof signed by the party in whose favor the judgment was obtained, or by that part…

Upon the return of an execution issued upon a judgment that has been satisfied, or the presentation of a satisfaction duly executed, to the clerk of any district court, the clerk shall immediately note upon the judgment docket the date and manner of the cancellation.

A partial satisfaction of a judgment may be made and noted upon the records in like manner as a full satisfaction, and thereupon the judgment and all liens thereby created must be taken and deemed to be canceled and discharged to the extent of the entries so made upon the judgmen…

Upon the cancellation and discharge of any judgment by the clerk of the district court of the county wherein the judgment was rendered or docketed, such clerk immediately shall forward to the clerk of the district court of any other county wherein a transcript of such judgment do…

Any judgment debtor upon a money judgment duly docketed in the district court from which judgment an appeal has been perfected to the supreme court by the judgment creditor may cause such judgment to be released as a lien against the real property of said judgment debtor by depos…

1. If a judgment lien appears on a judgment debtor's real property and the debtor is later the subject of bankruptcy proceedings in which the judgment lien is avoided or set aside, the judgment lien may be terminated of record by filing a certified copy of the bankruptcy court li…

Mutual final judgments may be set off pro tanto, the one against the other, by the court, upon proper application and notice.

Interest is payable on judgments entered in the courts of this state at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate may not exceed the maximum rate provided in section 47-14-09. If such original inst…

1. For judgments initially docketed before August 1, 2021, after ten years after the entry of a judgment that has not been renewed, or after twenty years after the entry of a judgment that has been renewed, the judgment must be canceled of record. 2. For judgments initially docke…

A partial payment made on a judgment must be applied first to postjudgment costs. If the payment exceeds the costs, the excess amount must be applied toward satisfying the interest due. If the payment exceeds the costs and interest, the excess amount must be applied toward discha…

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…

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.

If the judgment requires the payment of money or the delivery of property, the judgment may be enforced by execution.

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.

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.

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…

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 …

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.

1. Notwithstanding section 28-21-05, if the judgment debtor is listed on the arrears registry as defined in section 14-09-09.10, or if the judgment debtor meets criteria established by the secretary of the United States department of health and human services that apply when a fi…

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…

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…

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…

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 …

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…

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.

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…

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.

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…

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…

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…

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 …

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 …

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…

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…

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…

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.…

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…