§ 32-20-02 — Warrant to seize property - Issuance - Service

If the plaintiff is not in possession of the property, the judge of the court in which the action
is commenced, at the time of the commencement of the action or at any time before judgment,
may issue a warrant commanding the sheriff to seize and safely keep the same to abide the
final judgment in the action. The warrant may be issued upon the filing of:
1. A verified complaint setting forth a claim for relief in favor of the plaintiff and against the
defendant for the foreclosure of a lien upon the property possession of which is sought
to be obtained; and
2. An affidavit stating that the affiant knows or has good reason to believe that the
seizure of the property is necessary to prevent removal, destruction, or concealment of
the property or loss of the creditor's proprietary interests therein.
The sheriff shall without delay serve copies of the warrant, affidavit, and undertaking upon the
defendant in the same manner as the summons. If the defendant has not filed a special answer,
pursuant to this chapter, within ten days after notice of the issuance of a warrant or if in the trial
of the special answer the court finds for the plaintiff, the sheriff shall seize the property of the
defendant. The sheriff shall attach perishable property or property the judge has determined,
when issuing a warrant, is likely to be removed, destroyed, or concealed if the property is not
attached without delay, notwithstanding the right of the defendant to file a special answer.