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32-30 Proceedings Against Joint Debtors

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CHAPTER 32-30PROCEEDINGS AGAINST JOINT DEBTORS32-30-01. Joint and several debtors - Procedure when summons not served on all.When the action is against two or more defendants, the plaintiff may proceed as follows:1.If the action is against defendants jointly indebted upon contract and the summons is<br>served on one or more, the plaintiff may proceed against the defendant served,<br>unless the court otherwise directs, and if the plaintiff recovers judgment it may be<br>entered against all the defendants thus jointly indebted to the extent only that it may<br>be enforced against the joint property of all and the separate property of the<br>defendants served, and, if they are subject to arrest, against the persons of the<br>defendants served.2.If the action is against defendants severally liable and one or more shall be served,<br>the plaintiff may proceed against the defendants served in the same manner as if<br>they were the only defendants.3.If all the defendants have been served, judgment may be taken against any of them<br>severally, when the plaintiff would be entitled to judgment against any one or more of<br>such defendants if the action had been against such defendants or any of them<br>alone.4.If the name of one or more partners for any cause shall have been omitted in any<br>action in which judgment shall have been entered against the defendants named in<br>the summons, and such omission shall not have been pleaded in such action, the<br>plaintiff, in case the judgment therein shall remain unsatisfied, may recover by action<br>of such partner separately upon proving such partner's joint liability, notwithstanding<br>that partner may not have been named in the original action, but the plaintiff shall<br>have satisfaction of only one judgment rendered for the same claim for relief.32-30-02. Summons after judgment. When a judgment shall be recovered against oneor more of several persons jointly indebted upon a contract by proceeding as provided in section<br>32-30-01, those who were not originally summoned to answer the complaint and did not appear<br>in the action may be summoned to show cause why they should not be bound by the judgment in<br>the same manner as if they had been summoned originally.32-30-03. Requisites of summons. The summons provided in section 32-30-02 mustbe subscribed by the judgment creditor or the creditor's attorney, must describe the judgment<br>and require the person summoned to show cause within twenty days after the service of the<br>summons, and must be served in like manner as the original summons. It is not necessary to file<br>a new complaint.32-30-04.Accompanied by affidavit.The summons must be accompanied by anaffidavit of the person subscribing it, that the judgment has not been satisfied to that person's<br>knowledge or information and belief and must specify the amount due thereon.32-30-05. Answer. Upon such summons the party summoned may answer within thetime specified therein, denying the judgment or setting up any defense which may have arisen<br>subsequently, and that party may make the same defense which the party originally might have<br>made to the action, except the statute of limitations.32-30-06. Further pleadings. Further pleadings and proceedings shall be as providedin the North Dakota Rules of Civil Procedure.32-30-07. Pleadings verified. The answer and reply must be verified in the like casesand manner and be subject to the same rules as the answer and reply in a civil action.Page No. 1Document Outlinechapter 32-30 proceedings against joint debtors