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:

Terms Used In North Dakota Code 28-21-08

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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.

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