North Dakota § 32-08.1-17 Answer to writ - Trial

North Dakota Statutes

§ 32-08.1-17 — Answer to writ - Trial

North Dakota § 32-08.1-17

Title 32Judicial Remedies

Ch. 32-08.1Attachment

This text of North Dakota § 32-08.1-17 (Answer to writ - Trial) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-08.1-17 (2026).

Text

Within ten days after notice of the issuing of a writ of attachment against the defendant's
property, the defendant may, by special answer, deny the existence, at the time of the making of
the attachment affidavit, of the material facts stated in the affidavit and may assert undue
hardship as a defense. The court shall try the issue so raised before the trial of the action, but in
no event later than fourteen days after the writ of attachment is issued. The plaintiff has the
burden of proving the conditions for issuance of the prehearing writ of attachment as described
in section 32-08.1-02.1. If the defendant has made an assignment for the benefit of the
defendant's creditors, the defendant's assignee may answer and defend pursuant to this
section.

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Within ten days after notice of the issuing of a writ of attachment against the defendant's
property, the defendant may, by special answer, deny the existence, at the time of the making of
the attachment affidavit, of the material facts stated in the affidavit and may assert undue
hardship as a defense. The court shall try the issue so raised before the trial of the action, but in
no event later than fourteen days after the writ of attachment is issued. The plaintiff has the
burden of proving the conditions for issuance of the prehearing writ of attachment as described
in section 32-08.1-02.1. If the defendant has made an assignment for the benefit of the
defendant's creditors, the defendant's assignee may answer and defend pursuant to this
section.