§ 28-21-08 — Property subject to levy - Manner of levy

North Dakota § 28-21-08

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

Text

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.