28-21 Execution of the Judgment
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may proceed to enforce the judgment by execution as provided in this chapter. If the judgment
creditor in a mortgage foreclosure does not proceed within sixty days after entry of judgment in
the foreclosure to serve a special execution and proceed without delay to a sheriff's sale, any
other lienholder or other interested person may obtain the special execution and proceed to
arrange for a sheriff's sale.28-21-02.Stay of execution but not of judgment.Superseded by N.D.R.Civ.P.,Rule 62.28-21-03. Two kinds of execution. There are two kinds of execution, one against theproperty of the judgment debtor and another for the delivery of the possession of property and
any damages for withholding the property.28-21-03.1. General execution. If the judgment requires the payment of money or thedelivery of property, the judgment may be enforced by execution.28-21-04.Special executions.If the judgment requires the sale of property, thejudgment 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.28-21-04.1. Self-execution judgments. If the judgment requires the performance ofany 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.28-21-04.2. Summary execution on moneys retained pursuant to garnishment. If ajudgment 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 be served by personal service or by certified mail upon the third party by a sheriff or by an
attorney licensed to practice law in this state. The execution may be directed to the sheriff of any
county. A transcript of the judgment need not be filed in the county of the sheriff to whom the
execution is directed.Upon receipt, the third party shall remit the amount due under thegarnishment to the sheriff or the attorney who shall proceed in all other respects like the sheriff
making a similar execution.If the judgment debtor files a claim of exemptions undersection 32-09.1-22 within twenty days after service of the garnishment summons, an execution
may not be made against moneys claimed as exempt and retained under the garnishment
summons until the court determines that the moneys being garnished are not exempt.28-21-05. Execution issued to sheriff of counties where judgment docketed. Anexecution 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 property or
portion of the property is situated. More than one execution may be issued at the same time to
the sheriffs of different counties.28-21-05.1. Levy with certified copy of judgment. A sheriff may levy upon a person'spersonal 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.Page No. 128-21-05.2. Department of human services may issue executions for child supportarrearages.1.Notwithstanding section 28-21-05, if the judgment debtor is listed on the arrears
registry as defined in section 14-09-09.10, or if the judgment debtor meets criteria
established by the secretary of the United States department of health and human
services that apply when a financial institution is doing business in two or more
states, the department of human services may issue an execution, against the
property of the judgment debtor, to the sheriff of any county in which the property
may be found.2.A writ of execution issued by the department of human services must be issued as
provided in section 28-21-06, except the past-due support need not be docketed and
the writ may be issued in a form prescribed by the department of human services. A
writ issued under this section must be accompanied by a copy of the payment
records maintained under section 50-09-02.1 which has been certified under section
14-08.1-08.3.A writ issued by the department of human services is returnable to the department.28-21-06. Issuance and contents of execution. An execution must be issued in thename 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 describe the judgment, stating the date and time
the judgment was filed with the clerk, the courts and counties to which the judgment has been
transcribed, the names of the parties, and the last-known address of the judgment debtor. A
special execution must state the amount of money due to the judgment creditor, the date and
time the judgment was docketed by the clerk, the rate of interest applicable to the judgment, the
amount of the costs accrued on the judgment as of the date of issuance of the execution, and if
the execution is being issued to a sheriff of a different county, the date and time the judgment
was docketed in that county. If the execution is for the delivery of the possession of property, the
execution must also particularly describe the property to be delivered, identify the party entitled to
possession of the property, and if the same judgment orders the judgment debtor to pay any
costs, damages, or rents or profits to the party entitled to possession of the property, list the
amounts due as of the date of issuance of the execution. Upon receipt of an execution, the
sheriff shall:1.Satisfy the judgment with interest and accruing costs, which include sheriff and
county costs, out of the personal property of the judgment debtor, and if sufficient
personal property cannot be found, out of the real property belonging to the debtor
on the date when the judgment was docketed in the county or at any time after that
date. If property of the debtor is in the hands of a personal representative, heir,
devisee, legatee, tenant of real property, or trustee, the sheriff may satisfy the
judgment out of that property; or2.If the execution is for the delivery of the possession of property, deliver the property
to the party entitled to the property and satisfy any costs, damages, or rents or
profits recovered by the same judgment out of the personal property of the judgment
debtor and if sufficient personal property cannot be found, out of the real property of
the judgment debtor on the date when the judgment was docketed in the county or
at any time after that date. If the property cannot be delivered, the sheriff may
satisfy the judgment in the amount of the value of the property out of the real and
personal property of the judgment debtor as if an execution had been issued.28-21-07. Time of return. The execution must be returned to the clerk within sixty daysafter the receipt by the officer.If a sheriff's levy has been made within the sixty days, theexecution must be returned within a reasonable time following the completion of the sale of the
property or ninety days after receipt by the officer. If a levy has been made and the issue of
ownership of the property or interest in the property is raised by any party, or if the issue whetherPage No. 2the property is exempt under chapter 28-22 is raised by either party, the court having jurisdiction
may extend, for good cause shown, the execution for a reasonable time to accommodate due
notice and hearing to determine these issues and to provide time for the publication of notice of
sale and sale of the property subject to execution.28-21-08. Property subject to levy - Manner of levy.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. The levy under an execution must be made as
follows:a.On real property, the sheriff shall file a notice of levy with the recorder of the
county in which the property is located which has been signed by the sheriff
and which states the names of the parties to the action and a description of the
property.b.On personal property capable of manual delivery, the sheriff shall take the
property into custody. When taking the property, the sheriff shall deliver a copy
of the execution and notice of levy to the person from whom the property was
taken.c.On money, judgments, drafts, promissory notes, or other papers of like
character, by serving a copy of the execution to the person who has custody of
the property, except for wage garnishment.d.On other personal property, the sheriff shall leave a copy of the execution and a
notice of levy with the person holding the property. If the property consists of a
right or share in the stock of a corporation or interest or profits in the
corporation, the sheriff shall leave the copy with any officer or managing agent
of the corporation. If the property consists of membership interests in a limited
liability company or interest or profits in a limited liability company, the sheriff
shall leave the copy with any officer or managing agent of the limited liability
company.2.The sheriff may elect not to seize property during the time period the debtor has to
claim exemptions under chapter 28-22 or in the case of property that by reason of
bulk or other cause cannot be removed immediately. Service of the notice of levy
under this section and section 28-21-12 is as valid and effectual as if the property
had been seized and the possession and control of the property retained by the
officer. The lien of the writ of execution is effectual from the time the actual levy is
made under this section and section 28-21-12.28-21-09.Pledged or mortgaged property may be levied on.When property ispledged 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 by each lien must be sold as
one parcel, and the purchaser acquires all the right and interest of the debtor.28-21-10. Officer's proceedings on execution. When an execution is delivered to anyofficer, 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 exactdescription of the property sold with the date of the levy, sale, or other act done by virtue of the
execution, including all costs incurred, must be endorsed upon or appended to the execution. If
the writ was not executed, the execution must be returned wholly unsatisfied with all costs
incurred endorsed upon or appended to the execution. If the writ was executed in part only, the
reason along with all costs in the case must be stated in the return.Page No. 328-21-11. Levy and sale. The officer shall execute the writ by levying on the property ofthe 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.28-21-12. Notice of levy - Service - Contents. In all cases of levy upon personalproperty, 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 notice to the debtor, that if exemptions are
claimed or demanded, such claim must be made within ten days after service of notice.28-21-12.1. Property delivery - Penalty. Any person who has received notice of levy inaccordance 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.28-21-13. Amount levied - When lien on personalty. The officer shall select as nearlyas 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 before the actual levy.28-21-13.1. Levy when more than one execution is outstanding. If more than oneexecution 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 in order of time as
received by the sheriff. However, property of the judgment debtor which was not previously
levied upon but which is subject to levy and which is particularly described either in the execution
or in a written notice to the sheriff by the judgment creditor or the creditor's agent or attorney
must be applied to that execution regardless of time of receipt of the execution by the sheriff.28-21-14. What need not be sold. Money levied on may be appropriated without beingadvertised 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 cash at that value, and an assignment thereof by the officer
shall have the same effect as if made by the execution debtor.28-21-15.Payment to sheriff by debtor's debtor.After the issuing of executionagainst 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 paid.28-21-16. Claim by third person - Sheriff's jury. Repealed by S.L. 1985, ch. 347,