North Dakota § 43-23.2-04 Hearings

North Dakota Statutes

§ 43-23.2-04 — Hearings

North Dakota § 43-23.2-04

Title 43Occupations and Professions

Ch. 43-23.2Real Estate Education Fund

This text of North Dakota § 43-23.2-04 (Hearings) 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 § 43-23.2-04 (2026).

Text

The court shall conduct a hearing upon the filing of the application, which may be continued, within the discretion of the court, for such period as the court may deem appropriate. At such hearing the aggrieved person must be required to show that:

1.The person is not the spouse of the debtor, or the personal representative of such spouse.

2.The person has complied with all the requirements of this chapter.

3.The person has obtained a judgment as set out in section 43-23.2-03, stating the amount thereof and the amount owing thereon at the date of the application.

4.The person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets which may be sold or applied in satisfaction of the judgment.

5.By

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The court shall conduct a hearing upon the filing of the application, which may be continued,
within the discretion of the court, for such period as the court may deem appropriate. At such
hearing the aggrieved person must be required to show that:
1. The person is not the spouse of the debtor, or the personal representative of such
spouse.
2. The person has complied with all the requirements of this chapter.
3. The person has obtained a judgment as set out in section 43-23.2-03, stating the
amount thereof and the amount owing thereon at the date of the application.
4. The person has made all reasonable searches and inquiries to ascertain whether the
judgment debtor is possessed of real or personal property or other assets which may
be sold or applied in satisfaction of the judgment.
5. By such search, the person has discovered no personal or real property or other
assets liable to be sold or applied, or that the person has discovered certain of them,
describing them, owned by the judgment debtor and liable to be so applied, and that
the person has taken all necessary action and proceedings for the realization thereof,
and that the amount thereby realized was insufficient to satisfy the judgment, stating
the amount so realized and the balance remaining due on the judgment after
application of the amount realized.
6. The person has diligently pursued available remedies against all the judgment debtors
and all other persons liable to the person in the transaction for which recovery is
sought from the real estate education, research, and recovery fund.
7. The person is making the application not more than one year after the judgment
becomes final.