North Dakota Procedural Requirements for Wage Garnishment

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North Dakota Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The judge may also, in his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.D. Cent. Code _ 282507.

The judge, by order, may forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. N.D. Cent. Code _ 282512.

The judge may allow to the judgment creditor or to any party examined, whether a party to the action or not, witness fees and disbursements. N.D. Cent. Code _ 282515.

Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person indebted to or having any property in possession or under control, belonging to the creditor's debtor after securing a judgment against the debtor in a court of competent jurisdiction. N.D. Cent. Code _ 3209.102.

In any action in a court of record for the recovery of money, at any time after judgment, a garnishee summons may be issued against any third person. N.D. Cent. Code _ 3209.106.

The garnishee summons and notice to defendant shall be served upon the garnishee in the same manner as other summons in that court of record except that service must be personal. The plaintiff shall serve with the garnishee summons a disclosure form. The plaintiff may also serve interrogatories with the garnishee summons. A copy of the garnishee summons and copies of all other papers served on the garnishee must be served personally upon the defendant not later than ten days after service is made upon the garnishee. A single garnishee summons may be addressed to two or more garnishees but must Statutee whether each is summoned separately or jointly. N.D. Cent. Code _ 3209.108.

A garnishment disclosure form must be served upon the garnishee. N.D. Cent. Code _ 3209.109. In all garnishment proceedings, the plaintiff, when the garnishment summons is served upon the garnishee, shall tender to the garnishee the sum of ten dollars as the fee for making an affidavit of disclosure. N.D. Cent. Code _ 3209.110.

Interest Rate at which Judgments Accrue

Interest is payable at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate may not exceed the maximum rate provided in _ 47 1409. If such original instrument contains no provision as to an interest rate, or if the action resulting in the judgment was not based upon an instrument, interest is payable at the rate of twelve percent per annum and may not be compounded in any manner or form. N.D. Cent. Code _ 28 2034. Applicable Forms N.D. Cent. Code _ 3209.107.