North Dakota Judgment Collection Costs: What You Can Recover

Enforcement Is Not Free — But the Debtor Pays for It

Collecting a judgment in North Dakota costs money up front. You pay the clerk's fee for issuing a Writ of Execution, advance deposits to the sheriff for service and mileage, and hand the employer or bank a $40 garnishee fee. The fees are required when you use the corresponding enforcement route.

The question most creditors ask is whether those costs come out of their pocket permanently or whether the debtor ends up paying them. Under N.D.C.C. Chapter 28-26, qualifying costs may be taxed as part of the judgment. Execution advances are recoverable against the debtor if assets are successfully liquidated.

What Counts as a Recoverable Cost

Not every expense you incur is automatically recoverable. Qualifying costs tied to the enforcement process may include:

Clerk of Court fees. The fee for issuing a Writ of Execution is $20. There is no fee for docketing a Transcript of Judgment between North Dakota District Courts; other document fees depend on the court fee schedule.

Sheriff service fees. Fees vary by county. Burleigh County (Bismarck) charges $80 for initial levy and execution service.

Sheriff mileage fees. Charged at a per-mile rate (Burleigh County: $0.56/mile) for the sheriff to travel to the debtor's location. These are recoverable because the creditor is compelled to advance them.

Garnishee fees. The $40 fee paid to an employer or financial institution under N.D.C.C. § 32-09.1-10 when serving a Garnishee Summons. This fee is a statutory requirement.

Publication costs. When the sheriff conducts an execution sale of real property, the notice of sale must be published. The creditor advances this cost, and it becomes part of the taxable enforcement expenses.

Sheriff commissions. The sheriff collects a statutory commission on every execution sale — $75 plus 2% of the amount collected on personal property sales, and 1% on real property sales. These commissions come out of the sale proceeds before distribution, so they reduce what you receive but are treated as costs of collection.

What You Cannot Recover

Your own time researching the debtor, driving to the courthouse, or making phone calls is not a recoverable cost. Lost wages for attending a debtor examination hearing are not recoverable. Attorney fees are not automatic collection costs. N.D.C.C. § 28-26-01 generally leaves attorney fees to the parties' agreement, but § 28-26-04 makes a debt instrument's provision requiring attorney fees for default or collection void; a separate statutory basis may apply.

Private asset search services (which can run $195–$295 per report) are also not automatically recoverable as post-judgment costs. Do not assume that investigative expenses will be added to the judgment without a legal basis.

How Partial Payments Are Applied

When the debtor starts paying — voluntarily or through garnishment — the money does not go straight to reducing the principal. Under N.D.C.C. § 28-20-36, partial payments follow a mandatory application order:

1. First: taxable post-judgment costs (the clerk fees, sheriff fees, garnishee fees you advanced)
2. Second: accrued post-judgment interest
3. Third: the unpaid principal judgment balance

This sequence matters because interest continues to accrue on the principal until it is actually reduced. A $2,000 payment on a $10,000 judgment does not reduce the principal by $2,000 — it first covers any outstanding costs and accrued interest, and only the remainder chips away at the principal.

For example, on a $10,000 judgment entered January 15, 2026, with $202 in court costs and six months of interest at 10% ($495.89), a $2,000 payment received on July 15 would be applied: $202 to costs, $495.89 to interest, and only $1,302.11 to principal — leaving a remaining balance of $8,697.89 that continues accruing interest.

Keeping a Ledger

Track every payment and every cost. A running ledger showing the date, amount, what it was applied to, and the remaining balance protects you if the debtor later disputes how much they still owe. It also simplifies filing the Satisfaction of Judgment when the balance finally reaches zero — you can demonstrate exactly when full satisfaction occurred.

For the complete guide to tracking costs, calculating interest, and closing out a judgment, see our North Dakota judgment collection guide.

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