North Dakota Century Code Judgment Collection Statutes Explained

Where the Rules Actually Live

North Dakota judgment collection is not governed by one neat chapter of law. The enforcement tools are scattered across three titles of the North Dakota Century Code, plus the Rules of Civil Procedure and the Rules of Court. If you are trying to collect a small claims judgment and want to know what the law actually says, here are the statutes that matter.

Title 28: Judgments, Execution, and Supplementary Proceedings

This is where most of the collection machinery lives.

N.D.C.C. Chapter 28-20 — Judgments Generally. This chapter covers how judgments are docketed, when liens attach to real property (§ 28-20-13), how long judgments last (§ 28-20-35), partial payment application rules (§ 28-20-36), and the post-judgment interest rate (§ 28-20-34). It is the foundational chapter for understanding what your judgment is worth and how long it lasts.

N.D.C.C. § 28-20-34 — Interest rate. The State Court Administrator sets the statutory interest rate annually, calculated as 3% above the Wall Street Journal prime rate reported on December 1. For 2026, the rate is 10% per annum. Interest is simple (not compounded) and runs from the date of judgment. This section gets cited in virtually every enforcement filing.

N.D.C.C. § 28-20-35 — Duration. Judgments entered on or after August 1, 2021 last 20 years from entry and are automatically canceled of record at expiration. Older judgments (pre-August 2021) have a 10-year lifespan but can be renewed once for an additional 10 years by filing an Affidavit of Renewal within 90 days of the expiration date.

N.D.C.C. § 28-20-36 — Application of payments. Partial payments go first to taxable post-judgment costs, then to accrued interest, then to the principal balance. This order is mandatory and affects how interest continues to accrue on the remaining principal.

N.D.C.C. Chapter 28-21 — Execution. This chapter governs the Writ of Execution — the document issued by the Clerk of District Court that directs the sheriff to seize and sell the debtor's non-exempt property. It covers levy procedures, how the sheriff handles seized assets, and execution sale requirements.

N.D.C.C. Chapter 28-22 — Exemptions. Lists the property that cannot be seized — the $100,000 homestead exemption (§ 47-18-01), the $10,000 motor vehicle exemption, wildcard exemptions for heads of household and single persons, and absolute exemptions for personal items like clothing and family photographs.

N.D.C.C. Chapter 28-25 — Proceedings Supplementary to Execution. This chapter gives judgment creditors the power to haul debtors into court for examination under oath. It covers the Order to Appear and Answer, subpoena power over third parties, the self-incrimination immunity provision, and the bench warrant for debtors who fail to show.

Title 32: Garnishment

N.D.C.C. Chapter 32-09.1 — Garnishment. This is the single chapter governing both wage and non-wage (bank account) garnishment. Key sections include:

• § 32-09.1-03 — the garnishment cap: the lesser of 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage ($290/week), reduced by $20 per residing dependent
• § 32-09.1-04 — the mandatory 10-day pre-garnishment notice for wages (skip this and the entire garnishment is void)
• § 32-09.1-07 — non-wage garnishment rules, including the retention amount calculation for bank accounts
• § 32-09.1-10 — the $40 garnishee fee paid to the employer or bank
• § 32-09.1-21 — the 270-day continuing lien on wages
• § 32-09.1-22 — the 20-day window for debtors to claim exemptions on non-wage garnishments

Title 27: Small Claims Court Specifically

N.D.C.C. Chapter 27-08.1 — Small Claims. This chapter establishes the small claims division, sets the $15,000 jurisdictional limit, bars collection agencies from filing, and — critically — states in § 27-08.1-05 that a small claims judgment has the same force as a standard District Court judgment. That single provision is what gives you access to all the enforcement tools in Titles 28 and 32.

Rules of Civil Procedure and Court Rules

N.D.R.Civ.P. 58 and 62 — Notice and stay. When an appearance has been made, Rule 58 requires the prevailing party to serve the Notice of Entry within 14 days after entry, with a copy of the judgment, and file the notice. Under Rule 62, enforcement is stayed for 30 days after the notice is filed, or 30 days after entry of a default judgment, unless the court orders otherwise.

N.D.R.Civ.P. 69 — Execution. Governs the mechanics of execution proceedings, including post-judgment interrogatories served on the debtor.

N.D.R.Ct. 10.2 — Small Claims Court. Confirms that small claims decisions are final and unappealable (the defendant's only pre-hearing option was removal to the District Court civil docket within 20 days).

How the Timeline Connects

The statutes create a sequential timeline that looks like this:

1. Judgment entered → when an appearance has been made, serve and file Notice of Entry under Rule 58 and observe the 30-day stay under Rule 62; for a default judgment, the stay runs 30 days from entry
2. After the applicable 30-day stay expires → choose enforcement: garnishment, execution, or both
3. If garnishing wages → serve 10-day pre-garnishment notice on debtor (§ 32-09.1-04)
4. After 10 days → serve Garnishee Summons on employer plus $40 fee
5. Garnishment runs up to 270 days (continuing lien) or 360 days (summons expiration)
6. Throughout → interest accrues at the annual statutory rate on the unpaid balance (§ 28-20-34)
7. Judgment lasts 20 years from entry for post-August-2021 judgments (§ 28-20-35)

If you want all of this mapped out with every form, fee, and calculation in one place, our North Dakota judgment collection guide covers the complete process.

See more North Dakota guides →