Title 28 — Judicial Procedure, Civil

Superseded by N.D.R.Civ.P., Rule 70.

Repealed by S.L. 1985, ch. 337, § 25.

The judgment must specify clearly the relief granted or other determination of the action. An entry of the judgment must be made by the clerk in the register of civil actions. The entry of any judgment affecting the title or possession of real property, except judgments required …

Unless the party or the party's attorney furnishes a judgment roll, the clerk, immediately after entering the judgment, shall attach together and file the following papers, which constitute the judgment roll unless otherwise directed by rule of the supreme court: 1. In cases when…

1. On filing a judgment roll upon a judgment that directs the payment of money, the clerk of the district court in which the judgment was rendered shall docket the judgment in a separate record to be known as the "judgment docket". The judgment may be docketed in any other county…

Whenever an appeal from any judgment is pending and the undertaking requisite to stay execution on such judgment has been given and the appeal perfected as provided in this title, the court in which such judgment was recovered, on motion after notice to the person owning the judg…

No judgment for the recovery of money against any person may be docketed or entered until the judgment creditor, or the judgment creditor's agent or attorney, has filed with the clerk of the district court an affidavit stating the full name, occupation, place of residence, and po…

Unless otherwise directed by rules of the supreme court, the clerk shall docket the judgment by entering alphabetically in the judgment docket the names of the judgment debtors, the names of the parties in whose favor the judgment was rendered, the sum recovered or directed to be…

Upon the filing of a transcript of judgment in the office of any clerk of a district court, the clerk with whom such transcript is filed forthwith shall notify by mail the clerk issuing the same of the time when such judgment was docketed in the county in which such transcript is…

Repealed by S.L. 1969, ch. 294, § 10.

Repealed by S.L. 1985, ch. 337, § 25.

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 …

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…

Repealed by S.L. 2007, ch. 275, § 3.

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…

Repealed by S.L. 2007, ch. 275, § 3.

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…

Superseded by N.D.R.Civ.P., Rule 62.

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. 28-21-05.2. Depar…

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 …

Repealed by S.L. 1985, ch. 347, § 9.

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…

Repealed by S.L. 1993, ch. 103, § 8.

Repealed by S.L. 1993, ch. 103, § 8.