§ 28-21-04.2 — Summary execution on moneys retained pursuant to garnishment

North Dakota § 28-21-04.2

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-21: Execution of the Judgment

Text

If a judgment 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
the garnishment 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 under
section 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.