28-20 Judgments
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<![CDATA[CHAPTER 28-20JUDGMENTS28-20-01. Judgment entered by clerk on order. Superseded by N.D.R.Civ.P., Rule 58.28-20-02. Notice of entry of judgment served. Superseded by N.D.R.Civ.P., Rule 77.28-20-03. Rules for rendition of judgment. Superseded by N.D.R.Civ.P., Rules 20, 41,54.28-20-04. Relief limited by complaint. Superseded by N.D.R.Civ.P., Rule 54.28-20-05. Death before judgment. Superseded by N.D.R.Civ.P., Rule 54.28-20-06. Judgments - Collection from property of decedent. If judgment has beenrendered against a person who thereafter dies:1.The judgment may be enforced by execution against any real property of the<br>decedent upon which it had become a lien prior to the decedent's death, but no such<br>execution may issue until after the expiration of one year from the death of the<br>judgment debtor;2.If execution was actually levied prior to the decedent's death upon personal property,<br>such property may be sold to satisfy the execution, and the officer making the sale<br>shall account to the personal representative for any surplus remaining in the officer's<br>hands;3.If the judgment is for the recovery of real or personal property or for the enforcement<br>of a lien thereon, execution may issue for the enforcement of such judgment; and4.If the judgment is for the recovery of money, it may be presented as any other claim<br>against the estate of the decedent.28-20-07.Judgment in action to recover personalty.In an action to recover thepossession of personal property, the judgment for the plaintiff may be for the possession, or for<br>the recovery of possession, or for the value thereof in case a delivery cannot be had and for<br>damages for the taking and detention thereof. If the property has been delivered to the plaintiff<br>and the defendant claims a return thereof, judgment for the defendant may be for a return of the<br>property, or for the value thereof in case a return cannot be had and for damages for the taking<br>and detention thereof.28-20-08.Judgment may order delivery of possession - Enforcement.Everyjudgment that contains a direction for the sale of specific real property also may direct the<br>delivery of the possession of the property to the purchaser, and the officer receiving the<br>execution or order of sale may enforce the judgment by putting the purchaser in possession of<br>the premises as if special execution had been directed to the purchaser for that purpose. The<br>judgment creditor must show that the debtor has an interest in the real property that is the subject<br>of the judgment.28-20-09. Transfer of title or discharge of encumbrance by court. Superseded byN.D.R.Civ.P., Rule 70.28-20-10. Judgment book. Repealed by S.L. 1985, ch. 337, </p>
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