Title 28, Judicial Procedure, Civil

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.

If any taxes, assessments, insurance premiums, utility charges, or other items are paid by the purchaser or by a redemptioner, or if the purchaser or redemptioner has or acquired any lien other than that on which the sale or redemption was made, written notice of that item must b…

The debtor under an execution or foreclosure sale of the debtor's property is entitled to the possession, rents, use, and benefit of the property sold from the date of the sale until the expiration of the period of redemption except as provided by section 32-19-19.

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the property …

If the property is not redeemed according to law, the sheriff shall execute and deliver a sheriff's deed for the property immediately after the time for redemption has expired to the purchaser, purchaser's assignee, or the redemptioner.

The sheriff's deed is sufficient evidence of the legality of the sale and the proceedings contained in the certificate, until the contrary is proved, and vests in the grantee title to the premises as vested in the debtor at or after the time when the real property became liable t…

The sheriff's deed may be executed by any succeeding sheriff to the purchaser or person entitled thereto or the purchaser's or person's legal representatives, and such deed is as good and valid in law and has the same effect as if the sheriff who made the sale had executed the sa…

The provisions of this chapter relating to redemption of real property govern sales on mortgage foreclosures.

The court out of which an execution against property issued upon a judgment for more than twenty-five dollars, exclusive of costs, may require the judgment debtor to appear and answer concerning the judgment debtor's property: 1. If the execution has been returned unsatisfied in …

The examination must be held in the county where the judgment debtor resides, if the judgment debtor is a resident of the state. Otherwise, it may be held where ordered by the court.

The examination may be had before the court or before a referee appointed by the court. If the judgment debtor is a resident of a judicial district other than that from which the execution issued, the court may refer the examination to the district court of the county of the debt…

On an examination under this chapter, either party may examine witnesses in that party's behalf and the judgment debtor may be examined in the same manner as a witness.

Instead of the order requiring the attendance of the judgment debtor, the judge, upon proof by affidavit or otherwise to the judge's satisfaction that there is danger that the debtor will leave the state or attempt to avoid being found and that there is reason to believe that the…

A person on examination pursuant to this chapter may not be excused from answering any question on the ground that the person's examination will tend to incriminate the person, but the person's answer may not be used as evidence against the person in any criminal proceeding or pr…

After the issuing or return of an execution against property of the judgment debtor, or of any one of the several debtors in the same judgment, and upon an affidavit that any person, corporation, or limited liability company has property of such judgment debtor or is indebted to …

The proceedings mentioned in this chapter may be taken upon the return of an execution unsatisfied, issued upon a judgment recovered in an action against joint debtors, in which some of the defendants have not been served with the summons by which said action was commenced, so fa…

Witnesses may be required to appear and testify on any proceeding under this chapter in the same manner as upon the trial of an issue.

All examinations and answers before a judge or referee under this chapter must be on oath, except that when a corporation answers, the answer must be on the oath of an officer of the corporation and that when a limited liability company answers, the answer must be on the oath of …

1. The judge may order any property of the judgment debtor not exempt from execution in the hands either of the judgment debtor or of any other person or due the judgment debtor to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for the …