N.D. Cent. Code § 28-21-06

Current through 2024 Legislative Session

Section 28-21-06 - Issuance and contents of execution

An execution must be issued in the name 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; or

2. 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.

N.D.C.C. § 28-21-06