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.

Terms Used In North Dakota Code 28-25-05

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49