Title 32 — Judicial Remedies

Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person, any public corporation, the United States, the state of North Dakota, or any institution, department, or agency of the state, indebted to or having…

1. The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment may not exceed the lesser of: a. Twenty-five percent of disposable earnings for that week. b. The amount by which disposable earnings for that week exceed fo…

Service upon the state of North Dakota, or any state institution, department, or agency, as garnishee, may be made upon the director of the office of management and budget, or the director's authorized designee, in the manner provided by law for service in garnishment proceedings…

In any action in a court of record for the recovery of money, at any time after judgment, a garnishee summons may be issued against any third person as provided in this chapter. The plaintiff and defendant shall be designated. The person against whom the summons is issued shall b…

1. The garnishee summons must state: a. That the garnishee shall serve upon the plaintiff or the plaintiff's attorney within twenty days after service of the garnishee summons: (1) A written disclosure, under oath, of indebtedness to the defendant; and (2) Answers, under oath, to…

1. The garnishee summons and notice to defendant shall be served upon the garnishee in the same manner as other summons in that court of record except that service must be personal. 2. Service of a garnishee summons and disclosure statement upon a bank or credit union must be mad…

1. Within the time as limited in the garnishee summons, the garnishee shall serve upon the plaintiff or the plaintiff's attorney written answers, under oath, to the questions in the garnishment disclosure form and to any written interrogatories that are served upon the garnishee.…

In all garnishment proceedings, the plaintiff, when the garnishee summons is served upon the garnishee, shall tender to the garnishee the sum of forty dollars as the fee for making an affidavit of disclosure.

Subject to the provisions of sections 32-09.1-12 and 32-09.1-13, the disclosure is conclusive as to all property of the defendant. If the garnishee denies having any indebtedness to the defendant or having any property of the defendant in possession, the filing in court of a copy…

Either before or after written disclosure, any party to the garnishment proceedings may obtain an ex parte order requiring oral disclosure. The order may be obtained upon affidavit showing, upon information and belief, facts justifying the order, and the court shall require the g…

If it appears that any person not a party to the action has or claims an interest in any of the garnished property antedating the garnishment, the court may permit that person to appear and maintain that person's rights. If the person does not appear, the court may direct that th…

If any garnishee who is duly summoned willfully fails to serve disclosure as required in this chapter, the court, upon proof by affidavit of the creditor, may render judgment against the garnishee for an amount not exceeding the lesser of the plaintiff's judgment against the defe…

Judgment against a garnishee must be rendered, if at all, for the amount due the defendant, or so much thereof as may be necessary to satisfy the plaintiff's judgment against the defendant, with costs taxed and allowed in the proceeding against the garnishee but not to exceed the…

A judgment may not be rendered against a garnishee if the judgment against the defendant is less than forty dollars, exclusive of costs, rather, the garnishee shall be discharged.

If any person summoned as a garnishee is discharged, the judgment is no bar to an action brought by the defendant or other claimants against the garnishee for the same demand.

No employer may discharge any employee by reason of the fact that earnings have been subjected to garnishment or execution. If an employer discharges an employee in violation of this section, the employee may within ninety days of discharge bring a civil action for recovery of tw…

If the amount required to be retained by the garnishee is less than ten dollars, the garnishee may not retain the sum but shall make the disclosures otherwise required, except as provided in section 32-09.1-21.

A garnishee summons lapses and the garnishee is discharged of any liability upon the expiration of three hundred sixty days after the service of the summons, or a longer period of time either agreed to in writing by the plaintiff and the defendant or ordered by the court. Immedia…

A plaintiff may obtain a two hundred seventy-day continuing lien on wages by garnishment. A plaintiff obtaining a continuing lien on wages by garnishment shall mark "continuing lien" on the caption of the garnishee summons. Each garnishment disclosure form must provide the garnis…

When the defendant claims that the indebtedness or property, or a part thereof, is exempt from garnishment or from execution, the defendant, at or before twenty days after the service of the garnishee summons, shall file a schedule of all personal property subscribed and sworn to…

In all cases when the defendant claims the debt or property garnished to be exempt, the claim of exemptions may be heard and determined by the court at any time after the claim is made, on three days' notice to the plaintiff.

As used in this chapter: 1. "Affiliate" means: a. With respect to an individual: (1) A companion of the individual; (2) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual; (3) A companion of an ancestor or d…

1. Except as provided under subsection 2, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances. 2. The court may issue an order under this chapter: a. Without prior notice if the circumstances require iss…

1. Except as provided under subsection 2 or 3, this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. 2. This chapter does not apply to a receivership for an interest in real property im…

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.

1. The court may appoint a receiver: a. Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential: (1) Is being subjected to or is in danger of…

1. The court may not appoint a person as receiver unless the person submits a statement to the court under penalty of perjury that the person is not disqualified. 2. Except as provided under subsection 3, a person is disqualified from appointment as receiver if the person: a. Is …

1. Except as provided under subsection 2, a receiver shall post a bond with the court which: a. Is conditioned on the faithful discharge of the receiver's duties; b. Has one or more sureties approved by the court; c. Is in an amount the court specifies; and d. Is effective as of …

On appointment of a receiver, the receiver has the status of a lien creditor under: 1. Chapter 41-09 as to receivership property that is personal property or fixtures; and 2. Chapter 47-19 as to receivership property that is real property.

Except as otherwise provided by law, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered before the appointment to the same extent as if the court had not appointed the receiver.

1. Unless the court orders otherwise, on demand by a receiver: a. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or r…

1. Except as limited by court order or any other provision of law, a receiver may: a. Collect, control, manage, conserve, and protect receivership property; b. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, coll…

1. An owner shall: a. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; b. Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control; c. Identify all r…

1. Except as otherwise provided in subsection 4 or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: a. To obtain possession of, exercise control over, or enforce a judgment against receivership p…

1. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: a. The identity and qualificati…

1. As used in this section, "timeshare interest" means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year…

1. A receiver is entitled to all defenses and immunities provided by any other provision of law for an act or omission within the scope of the receiver's appointment. 2. A receiver may be sued personally for an act or omission in administering receivership property only with appr…

A receiver may file or, if ordered by the court, shall file an interim report that includes: 1. The activities of the receiver since appointment or a previous report; 2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…

1. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. 2. The court may order one or more of the following to pay the reasonable and necessary …

1. The court may remove a receiver for cause. 2. The court shall replace a receiver that dies, resigns, or is removed. 3. If the court finds that a receiver that resigns or is removed, or the representative of a receiver who is deceased, has accounted fully for and turned over to…

1. On completion of a receiver's duties, the receiver shall file a final report that includes: a. A description of the activities of the receiver in the conduct of the receivership; b. A list of receivership property at the commencement of the receivership and any receivership pr…

1. The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: a. The per…

1. A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: a. Make the mortgagee a mortgagee in possession of the real property; b. Make the mortg…

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. Section 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that act, [15 U.S.C. Section 7001(c)], or authorize electronic delivery of any o…

This chapter creates additional powers and optional and alternative methods for the single and specific purpose of enabling political subdivisions to pay and to compromise claims and judgments, to issue bonds to fund and satisfy the same, to levy taxes in amounts necessary for su…

As used in this chapter, unless the context otherwise requires: 1. "Claim" means any claim permitted by this chapter brought against a political subdivision for an injury caused by a political subdivision or an employee of the political subdivision acting within the scope of the …

An insurance policy or insurance contract purchased by a political subdivision or a government self-insurance pool in which a political subdivision participates pursuant to this chapter may provide coverage for the types of liabilities established by this chapter and may provide …

Repealed by S.L. 1987, ch. 407, § 2.

1. The insurance authorized by this chapter may be provided by: a. Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes. b. An insurance company authorized to do business in this state which the commissioner has deter…