North Dakota Code 32-08.1-03 – Basis for attachment
1. Before any writ of attachment may be executed, the plaintiff or someone on the plaintiff’s behalf shall make and attach thereto an affidavit stating the basis and amount of the claim against the defendant, that the same is due upon contract or upon a judgment, and that the affiant knows or has good reason to believe any of the following:
Terms Used In North Dakota Code 32-08.1-03
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
- Summons: Another word for subpoena used by the criminal justice system.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Writ: means an order or precept in writing, issued in the name of the state or of a court or judicial officer. See North Dakota Code 1-01-49
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
a. The defendant is absent from this state, or is concealed therein so that summons cannot be served on the defendant.
b. The defendant has disposed of or concealed or is about to dispose of or conceal the defendant’s property or some part thereof with intent to defraud the defendant’s creditors.
c. The defendant has removed or is about to remove property out of this state with intent to defraud the defendant’s creditors.
d. The defendant fraudulently incurred the obligation respecting which the action is brought.
e. The defendant is not a resident of this state.
f. The defendant is a foreign corporation or limited liability company or the defendant is a domestic corporation or limited liability company and no officer, manager, or agent thereof on whom to serve the summons exists or resides in this state or can be found.
g. The action is against a defendant as principal on an official bond to recover money due the state or to some political subdivision thereof, or that the action is against the defendant as principal upon a bond or other instrument given as evidence of debt for or to secure the payment of money embezzled or misappropriated by such defendant as an officer of the state or of a political subdivision thereof.
h. The action is against a defendant to recover purchase money for personal property sold to the defendant, in which case the property must be specifically described, if one of the conditions under subdivision a, e, or i and one of the conditions under subdivision b or c is also alleged.
i. The action is against the owner of any motor vehicle for damages alleged to have been caused by the negligence of such owner or the owner’s duly authorized agent, the motor vehicle alleged to have been driven, occupied, or owned by a negligent driver or owner thereof, at the time of such accident, may be attached, if one of the conditions under subdivision a or e and one of the conditions under subdivision b or c is also alleged.
2. In tort actions the affidavit must state that a claim for relief in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either:
a. The defendant is not a resident of this state or that the defendant’s residence is unknown and cannot with due diligence be ascertained; or
b. The defendant is a foreign corporation or foreign limited liability company.
3. An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in this section, except the cases mentioned in subdivision e, f, or g of subsection 1 and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due. The bond specified in section 32-08.1-05 shall be for three times the amount demanded. In case an attachment is issued before the maturity of the debt and a defense to such attachment is sustained, the court shall render a judgment for damages and costs against the plaintiff.