In North Dakota, judgment records are files that contain the last decision of a court, resolving all issues in dispute between parties and settles the rights of the concerned parties. The North Dakota Court System handles such disputes and creates an obligation on one of the parties to pay money, perform an act or stop doing an act. It also stores and maintains these files, allowing the public access to judgment records and other North Dakota court records through the court clerk offices, courthouses, or other means.
A typical North Dakota judgment record of civil cases contains the issues in dispute, names and pleadings of the parties, and the court’s opinions on the matter. Other items found in a North Dakota judgment record are the name, signature of the presiding judge, and the date of entry of the judgment.
What is a Judgment?
Rule 54 of the North Dakota Rules of Civil Procedure defines “judgment” as an order or decree of a court from which an appeal may lie. It is a decision that serves as an authority that establishes the rights of the parties before the court, imposing liability on the party that is at fault. In North Dakota, the Rules of Civil Procedure provide that a judgment should not include a record of previous proceedings, a recital of the pleadings, or a master’s report.
A judgment in North Dakota must contain the reason for the judgment and the kind of relief that the judgment grants. The clerk of the court then enters the judgment in the register of civil actions. Even if a party to the suit dies before the court issues a judgment, the court will still render the judgment, and it is enforceable against the deceased’s property if the deceased is the judgment debtor. A judgment debtor in North Dakota is a person that has a liability to pay money to the other party, who is the judgment creditor.
If any party is not satisfied with a judgment, the law allows the party to file an objection, stating reasonable grounds. The court clerk will then bring the objection before the issuing judge, and there may be a hearing on the matter. Yet, if there are no objections, the enforcement of the judgment may proceed undisturbed.
North Dakota Judgment Laws
The North Dakota judgment laws are codified in the North Dakota Rules of Civil Procedure and the North Dakota Century Code. Together, these laws outline the specific procedures for enforcing the judgments of courts in North Dakota. The North Dakota judgment laws also govern the process of issuing and entering judgments in the state.
What is Judgment Lien?
A judgment lien arises in North Dakota after the judgment creditor registers a judgment docket. A judgment docket is a separate record that the court clerk files for a judgment that orders the payment of money. The docketing of a judgment can be in any county apart from the issuing court, provided there is a transcript of the original judgment docket. The procedure creates a lien on the judgment debtor’s real property, affecting all real property, regardless of the county.
A lien in North Dakota may exist for twenty years, from the time of docketing the judgment, if made after the 8th of January 2021. If the docketing was before that date, being the effective date of the amended section 28-20-13 of the North Dakota Century Code, the lien lasts for ten years. The purpose of a judgment lien in North Dakota is to allow the judgment creditor the legal right to take over the possession of the judgment debtor’s property if such a person does not comply with the contents of the court's judgment.
What is a North Dakota Summary Judgement?
In North Dakota, a summary judgment is a court’s decision on behalf of one party to the dispute without a full trial. The court may issue a summary judgment concerning certain issues or the entire case. If the judge grants a summary judgment on specific issues, it is a partial summary judgment, but it is a full summary judgment if it relates to all the issues in dispute. Also, if the judge grants a motion for summary judgment, the case will not go to trial, as the judge will enter judgment for the party moving the motion.
What is A Summary Judgment Motion In North Dakota?
Rule 56 of the North Dakota Rules of Civil Procedure lays down the format of a motion for summary judgment. It is not compulsory for the party claiming relief under the motion to attach supporting declarations. However, after twenty-one days of going to court or after the opposing party serves a motion for summary judgment, the person must file the motion. The defending party may also move a motion for summary judgment on all or parts of the claim at any time.
The party filing the motion must do so at least 90 days before the day of trial or 45 days before the hearing date. An opposing party then has 30 days from the day the party received the document to serve and file an answer to the motion with supporting documents. The party moving the motion also has 14 days to file a reply brief.
Generally, parties making the supporting or opposing affidavits must do so based on personal knowledge and facts that show that the declarant is competent to testify. An opposing party in replying may also state some specific facts that show a genuine issue for trial.
If the pleadings and materials on file show no genuine issue in dispute, the moving party is entitled to a summary judgment. In some appropriate circumstances, the court may also grant a summary judgment against the moving party. Also, where the opposing party does not reply to the motion, the court will enter a summary judgment against that party. For any declaration submitted in bad faith, the court will order the party to pay the other party reasonable expenses.
North Dakota Judgment Record Search
The North Dakota Open Records Statute protects the rights of citizens to gather, examine and obtain public records. This statute makes North Dakota one of the states that practice an open government, allowing interested persons to inspect records across any agency unless the law expressly exempts it. As a result, court records are available to members of the public and contain documents of allegations, sworn affidavits, all proceedings taken under oath, and the applicable judgment. Interested persons may visit the relevant courthouses or use the available public access tools from the North Dakota courts.
How Do I Look Up a Judgment In North Dakota?
In North Dakota, interested persons may visit the courthouse that handled the specific matter to look up a judgment. Court clerks hold and maintain the court record, making them available for public viewing. An interested person may visit during the court’s working hours and head to the records department or clerk’s office to make an official request for a judgment copy.
Alternatively, the North Dakota courts have a public access search tool that allows for an online search of judgment records by the names of any of the parties. To use the tool, the individual may input the last name and first name of any of the parties and click ‘search’ or ‘enter.’ If the search keyword is a business name, click ‘select party,’ choose ‘business’ and type in the business name. Next, click ‘search’ or press enter.
What Happens if You Have a Judgment Against You in North Dakota?
If a North Dakota court issues a judgment against a person, the judgment is binding on both parties to the action. One party is bound to pay the other certain sums of money, and it is not the responsibility of the court to collect the judgment on behalf of the party that won the suit. A judgment debtor may make a voluntary payment of the debt sum. If the judgment debtor chooses not to, the judgment creditor may take additional steps under North Dakota laws to enforce the judgment. A judgment debtor who is not satisfied with the judgment may file an appeal if reasonable grounds support it.
How Do I Find Out If I Have Any Judgments Against Me In North Dakota?
After the court delivers judgment on a particular matter, it is normal practice for the court to send the judgment information to the parties via mail. Interested persons may also contact the clerk’s office of any court in North Dakota to find out the result of a pending dispute. Sometimes, it is possible for a person to not know about an existing judgment, like in a default judgment. Such a person may have to rely on searching through court records in person or online.
How Long Does A Judgment Stay On Your Record?
A judgment record in North Dakota is public information and will appear in background searches and other searches for public records. As long as the judgment is valid and not statute-barred, it will appear on a person’s record. It can pose serious long-term consequences for an individual, like the inability to borrow money or use credit facilities.
How To Enforce A Judgment In North Dakota
The procedure for enforcing a judgment in North Dakota is by execution, provided in Chapter 28-21 of the North Dakota Century Code. There are two kinds of judgment execution in North Dakota, one against the debtor’s property and another for the delivery of the possession of the property. If the judgment requires payment of money or delivery of property, a general execution is the main way to enforce it.
However, if it involves the sale of a property, the way to enforce the judgment is by special execution. A judgment execution order is often directed to a Sheriff in any town where the court clerk dockets the judgment upon provision of a certified copy of the judgment. The court may issue more than one judgment execution order to Sheriffs in different counties.
How To Collect A Judgment In North Dakota
A judgment creditor in North Dakota can start collecting a judgment fourteen days after the court issues one. The judgment creditor can use a post-judgment discovery to find out the debtor’s non-exempt assets. The creditor may follow the guidelines provided in Rules 26 to 37 of the North Dakota Rules of Civil Procedure to obtain this discovery.
Another way is to obtain a writ of execution, which orders a sheriff to seize any non-exempt property of the judgment debtor. The effect of a writ of execution in North Dakota is the sale of the debtor's property to settle the debt. The application for a writ of execution must be in the same county where the court gave the judgment, at least fourteen days from the date of the judgment and within ten years.
Alternatively, the judgment creditor may place a lien on the debtor’s property, which prevents the debtor from selling or mortgaging the property without settling the debt. For a judgment to act as a lien, the judgment creditor must first file an “Affidavit of Identification of the Judgment Debtor” with the court clerk. The affidavit is a notarized document that states the name and address of the debtor. Once complete, the clerk of the court will docket the judgment, making it enforceable.
What Happens if a Defendant Does Not Pay a Judgment in North Dakota
Only bad consequences can follow the refusal of a defendant to pay a judgment in North Dakota. First, the judgment debt will accrue interest for the duration that it is left unpaid. It will result in the judgment debtor having to pay more money than planned. The judgment creditor may also use debt collecting procedures backed by law to force the debtor to pay, which is an unpleasant experience.
A judgment coming from a court gives the creditor permission to take money or property from the debtor, even if the debtor is not willing. The judgment creditor may also report negative information to the credit bureaus, which will reflect on the debtor’s credit report, causing the person’s credit score to fail.
What Personal Property Can Be Seized in a Judgment in North Dakota?
A judgment creditor in North Dakota may use the judgment debtor’s real property to satisfy the judgment debt. However, the creditor may not touch the debtor’s assets, wages, disability, or retirement benefits under section 28-22-19 of the North Dakota Century Code. Also, the judgment creditor cannot place a judgment lien on the homestead or residence of the judgment debtor.
North Dakota Judgment Interest Rate
The North Dakota State Court Administrator fixes the judgment interest rate every year before December 20. In calculating the judgment interest rate, the administrator uses the prime rate reported on the first Monday in December, plus three percentage points. The result is then rounded up to the next one-half percentage point. For the year 2021, the applicable judgment interest rate set by the administrator is 6.5 percent.
What is a Default Judgment?
In North Dakota, a default judgment arises when the defendant fails to plead or appear in court. Under Rule 55 of the North Dakota Rules of Civil Procedure, the court may order the clerk to enter a default judgment against a party based on the non-appearance of the party. The court may also award costs against the party, making it a win for the plaintiff.
How to File a Motion To Set Aside Default Judgment in North Dakota
The party intending to file a motion to set aside a default judgment in North Dakota must present valid reasons for not showing up or filing a response to the court. In the motion, it is important to state why the court should set aside its previous judgment. After drafting the motion, call the clerk of the court to find out the applicable fees. Find out if the court accepts e-processes and, if not, mail the documents alongside the payment to the payment. The court may sometimes grant an applicant a fee waiver on-demand.
After presenting these documents before the court, mail a copy to the other party. If there is a hearing on the matter, as it is mostly the case, ensure to show up. So, verify the hearing date with the court clerk, as it will leave a bad impression if the person who filed a motion to set aside a default judgment does not show up. Receiving a default judgment may leave a party powerless, but such a party may successfully fight back with the right steps.
File Motion To Vacate Judgment in North Dakota
In North Dakota, to vacate a judgment means to set it aside or cancel it. A court in North Dakota may vacate a judgment where there is a mistake, surprise, or excusable neglect. Other grounds for vacating a judgment are, where the judgment is void, there is an element of fraud or misconduct, there is new evidence or some other valid reason to justify the relief. Rule 60 of the North Dakota Rules of Civil Procedure provides the procedure for filing the motion to vacate a judgment in North Dakota.
The party moving the motion must do so within a reasonable time and not more than a year after the notice of entry of the judgment. However, the motion does not affect the finality of a judgment or suspend its operation. An applicant also does not have to obtain leave from an appellate court to make the motion unless there is an appeal from the judgment, pending before the court.
How To Remove An Abstract Of Judgment In North Dakota
An abstract of judgment in North Dakota is a document from the court and shows how much a judgment debtor owes. It also allows the judgment creditor to place a judgment lien against the debtor’s real property, like a land or building. The abstract is recorded in every county where the debtor owns the property due to the judgment lien.
To remove an abstract of judgment in North Dakota, the debtor has to pay the debt. North Dakota courts are not involved in the legal collection process, which is up to the judgment debtor. An abstract of judgment will remain for as long as a judgment lien is in place.
How Long Is a Judgment Good For In North Dakota
The lifespan of a judgment in North Dakota cannot exceed twenty years. As a result, the judgment lien on a debtor’s property, affecting the real property of that person in any location, operates for a limited time. The judgment creditor has only twenty years to ensure that the judgment debtor fulfills the debt obligation. To meet the time limit, the judgment creditor may employ any available judgment collection procedures above.
North Dakota Judgment Statute of Limitations Law
The statute of limitation law for judgments in North Dakota is section 28-30-35 of the North Dakota Century Code. It was amended by the North Dakota Legislature in 2021. The old law provided for a statute bar on the collection of judgments after ten years from the date of the initial docketing of the judgment. If the creditor applied for a renewal before the time elapsed, the law extends the judgment for twenty new years. The new provision, which took effect from 8th January 2021, provides that the judgment becomes statute-barred after 20 years and orders the canceling of the judgment record after the time frame.
