North Dakota Judgment Creditor Rights After Small Claims Court

Your Rights Start the Moment the Judgment Is Entered

A small claims judgment in North Dakota is not a suggestion. Under N.D.C.C. § 27-08.1-05, it carries the same legal weight as a standard District Court civil judgment. That means you, as the judgment creditor, have access to the full range of statutory enforcement tools — wage garnishment, bank levies, property seizure, real estate liens, and compulsory debtor examinations.

But those rights come with rules. Here is what the law actually allows you to do, and where the boundaries are.

The Right to Compel a Debtor Examination

If you do not know what the debtor owns or earns, N.D.C.C. Chapter 28-25 gives you the power to force answers. After requesting a Writ of Execution that comes back unsatisfied (or showing the court that the debtor holds non-exempt property they refuse to apply toward the judgment), you can ask the court for an Order to Appear and Answer.

The debtor must then appear under oath and answer questions about their income, bank accounts, vehicles, real estate, and other assets. You can serve a Subpoena Duces Tecum requiring them to bring financial documents. If the debtor refuses to appear after personal service, the court can issue a bench warrant.

You can also subpoena third parties — employers, banks, business partners — to testify about property they hold on the debtor's behalf.

The Right to Garnish Wages and Bank Accounts

North Dakota's garnishment statute (N.D.C.C. Chapter 32-09.1) lets you reach a debtor's paycheck or bank account through a Garnishee Summons. For wages, the maximum withholding is the lesser of 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage ($290/week), reduced by $20 per dependent. A continuing lien on wages can last 270 days.

For bank accounts, the financial institution freezes funds up to the judgment balance plus $125 in costs plus 9 months of interest. Federal benefits are automatically protected — the bank performs a two-month lookback and shields direct deposits from Social Security, VA, SSI, and similar programs.

The Right to Seize Personal Property

Through a Writ of Execution issued by the Clerk of District Court and delivered to the county sheriff, you can direct the sheriff to levy on the debtor's non-exempt personal property — vehicles, equipment, inventory, cash. The sheriff seizes the property, holds a public auction, and applies the proceeds to your judgment.

The debtor has 10 calendar days after receiving the levy notice to serve a verified schedule of exempt property under N.D.C.C. § 28-22-06. If they do not serve it within that window, non-absolute exemptions are forfeited.

The Right to an Automatic Real Property Lien

Docketing your judgment creates an automatic lien on all non-exempt real property the debtor owns in that county under N.D.C.C. § 28-20-13. The lien also attaches to any real estate the debtor acquires afterward. It encumbers the property until satisfied or otherwise discharged.

To extend the lien to property in another county, file a Transcript of Judgment — there is no fee for transcripting between North Dakota District Courts.

The Right to Recover Enforcement Costs

Qualifying costs you incur to enforce the judgment — such as clerk, sheriff, process-server, and publication fees — may be taxed as part of the judgment under N.D.C.C. Chapter 28-26. Execution advances are recoverable if assets are successfully liquidated.

The Right to Post-Judgment Interest

Your judgment accrues simple interest automatically under N.D.C.C. § 28-20-34. The rate is set annually by the State Court Administrator at 3% above the prime rate. For 2026, that is 10% per annum. Interest runs from the date of judgment until full satisfaction. Partial payments are applied first to costs, then to interest, then to principal.

What You Cannot Do

Your rights as a creditor are broad, but they are not unlimited:

• You cannot bypass the waiting period. If an appearance has been made, execution and other enforcement proceedings are stayed for 30 days after the notice of entry is filed under Rule 62. For a default judgment, the stay runs 30 days from entry, unless the court orders otherwise.
• You cannot threaten illegal criminal prosecution. False statements, unlawful threats, or harassment in debt collection may violate N.D.C.C. Chapter 12.1-17.
• You cannot seize exempt property. North Dakota protects a $100,000 homestead exemption, a $10,000 motor vehicle exemption, and various wildcard exemptions. Exempt property is off-limits regardless of how much you are owed.
• You cannot ignore a bankruptcy filing. If the debtor files for bankruptcy, the automatic stay under 11 U.S.C. § 362 halts all enforcement immediately. Violating the stay exposes you to sanctions.

For the complete enforcement checklist with every form, fee, and deadline, see our North Dakota judgment collection guide.

See more North Dakota guides →