Title 28 — Judicial Procedure, Civil

Repealed by S.L. 1993, ch. 103, § 8.

Repealed by S.L. 1993, ch. 103, § 8.

Repealed by S.L. 1993, ch. 103, § 8.

Repealed by S.L. 1993, ch. 103, § 8.

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.…

Repealed by S.L. 2009, ch. 276, § 12.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 …

The officer who levies upon personal property, other than crops or perishable property, shall give public notice of the time and place of the sale by advertisement published once each week for two successive weeks next before the day of sale in the county's official newspaper.

If the levy is upon harvested crops, at the option of the judgment creditor, the crops may be sold in the nearest usual market for crops, at any time after such levy at the market price without publishing notice of sale. In that case, the notice of levy or a subsequent notice to …

Perishable property may be sold pursuant to the order of the court, prescribing such notice, time, and manner of sale as may be reasonable, considering the character and condition of the property.

1. Before any real property or interest in real property taken on execution may be sold, the officer making the sale shall give public notice of the time and place of the sale by advertisement in the county's official newspaper once a week for three successive weeks, the last pub…

All sales of real property or any interest in real property under execution must be held in the county in which the real property is situated, or at a place within the county as the sheriff designates in the notice of sale, or the place designated in the published notice of sale …

If the owner of the personal property levied on, other than crops, agrees to keep the property safely until the day of sale and requests that the sale be held on the premises where the property is seized, the sale must be held on the premises where the property is seized. Otherwi…

All sales of property under execution must be made at public auction to the highest bidder, between the hours of nine a.m. and four p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. A sheriff or other officer or the sheriff's or …

When there are no bidders, or when the amount offered is grossly inadequate, or when from any cause the sale of any real or personal property upon execution or upon the foreclosure of a mortgage or other lien is prevented from taking place on the day fixed, the sheriff, or person…

Except for real estate foreclosure sales if the property sells for more than the amount required to be collected, the surplus must be paid to the judgment debtor, unless the officer has another execution in the officer's hands on which the surplus rightfully may be applied.

In case of the failure of the sale by reason of irregularities in giving notice thereof, or of its postponement, the property may be sold upon proper notice by virtue of the execution after the expiration of the ninety days allowed for the return thereof, and the officer in the o…

1. The purchaser of real property under execution is substituted for the judgment debtor and acquires all the right, title, interest, and claim of the debtor to the property. If the estate is a leasehold less than two years' unexpired term, the sale is absolute. Otherwise, the re…

The sheriff's certificate of sale must be recorded in the office of the recorder of the county in which the real property is situated within ten days from the date of sale. The sheriff's certificate or a certified copy of the certificate certified by the recorder must be taken an…

If the court, upon the return of any execution for the satisfaction of which any real property or interest in real property has been sold, after having carefully examined the proceedings of the officer is satisfied that the sale has been made in all respects in conformity to the …

If any judgment, in satisfaction of which any real property is sold, is reversed, the reversal does not defeat nor affect the title of the purchaser, but restitution must be made by the judgment creditor of the money received from the sale, with legal interest on the money from t…

A property sold subject to redemption may be redeemed as provided in this chapter by the following person or successors in interest: 1. The judgment debtor; or 2. A creditor having a lien on the property, or on some part of the property, subsequent to that on which the property w…

The judgment debtor or redemptioner may redeem the property from the purchaser during the redemption period by paying the amount of the bid and any additional lien claimed under section 28-24-07 with interest at the rate provided in the original instrument on which the judgment i…

A redemptioner shall give a written notice of redemption to the sheriff and at the same time shall record a duplicate in the office of the county recorder of the county where the land is situated. The redemptioner must state in the notice of redemption an amount that the redempti…

If property is redeemed by a redemptioner, another redemptioner, even after the expiration of the redemption period, may redeem from the last redemption if the redemption is made within sixty days after recording of the notice of redemption. This sixty-day limitation does not app…

A redemptioner shall produce to the officer or person from whom the redemptioner seeks to redeem and shall serve with the redemptioner's notice to the sheriff: 1. A copy of the docket of the judgment under which the redemptioner claims the right to redeem, certified by the clerk …

The debtor may not be required to pay more to effect a redemption than the purchase price, with interest from the day of sale, at the same rate as provided in the original instrument on which the judgment is based, despite the fact that the debtor seeks to redeem from a redemptio…

If a sale of real estate is made under execution or upon mortgage foreclosure, the purchaser at the sale or the purchaser's successor in interest, in case of the expiration during the period of redemption of any insurance policy on the premises sold, may pay the premium necessary…

In case any mortgagor, redemptioner, or judgment debtor objects to the payment of any insurance premium, taxes, or prior liens on account of the incorrectness or invalidity thereof, that person may file with the sheriff an indemnity bond, in an amount and with sureties to be appr…

The payments upon redemption mentioned in this chapter may be made to the purchaser or redemptioner, or for the purchaser or redemptioner, to the officer who made the sale.