§ 28-25-05 — When debtor may be arrested

North Dakota § 28-25-05

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-25: Proceedings Supplementary to the Execution

Text

Instead of the order requiring the attendance of the judgment debtor, the judge, upon proof
by affidavit or otherwise to the judge's satisfaction that there is danger that the debtor will leave
the state or attempt to avoid being found and that there is reason to believe that the debtor has
property which the debtor unjustly refuses to apply to such judgment, may issue a warrant
requiring the sheriff of any county where such debtor may be to arrest and bring the debtor
before such judge. Upon being brought before the judge, the debtor may be examined on oath
and, if it then appears that there is danger that the debtor will leave the state and that the debtor
has property that the debtor has refused unjustly to apply to such judgment, the debtor may be
ordered to enter into an undertaking with one or more sureties that the debtor from time to time
will attend before the judge as directed and that during the pendency of the proceedings the
debtor will not dispose of any portion of the debtor's property not exempt from execution. In
default of entering into such undertaking, the debtor may be committed to jail by warrant of the
judge as for contempt.