North Dakota Judgment Debtor Examination: How to Find What the Debtor Owns

The hardest part of collecting a judgment often isn't the legal process — it's figuring out what the debtor actually has. Where do they bank? Are they employed? Do they own property? In North Dakota, supplementary proceedings under N.D.C.C. Chapter 28-25 give you the legal power to haul the debtor into court and make them answer these questions under oath.

When You Can Request a Debtor Examination

A debtor examination isn't your first step. Under N.D.C.C. § 28-25-01, you need to establish one of two prerequisites before the court will order the debtor to appear:

1. A writ of execution has been issued and returned unsatisfied — you tried to seize property through the sheriff, and it came back partially or fully uncollected, or
2. You can show the court that the debtor has non-exempt property they're unjustly refusing to apply toward the judgment — this requires a verified statement (affidavit) to the court

In practice, most creditors go through option 1: request a writ of execution, have the sheriff attempt to levy, and when it comes back empty, use the unsatisfied return as grounds for the examination.

How to Set Up the Examination

Once you've met the prerequisite:

1. File a written motion in the existing judgment case with the court where the judgment was entered, requesting an Order to Appear and Answer
2. The court issues the order, setting a date, time, and location for the examination. If the debtor resides in North Dakota, the examination is held in the county where the debtor resides; otherwise, the court sets the location
3. Serve the order on the debtor — personal service is required to ensure the court has jurisdiction to enforce the debtor's appearance
4. Optionally, serve a Subpoena Duces Tecum along with the order, requiring the debtor to bring specific financial documents

The Subpoena Duces Tecum is where the real value lies. You can demand the debtor produce recent pay stubs, tax returns, bank statements, vehicle titles, real estate deeds, and any other documents that reveal their financial picture.

What Happens at the Examination

The debtor appears before the judge or an appointed referee and answers questions under oath about their financial situation. You (or your attorney) get to ask about:

• Employment — who employs them, how much they earn, pay frequency
• Bank accounts — which banks, account numbers, approximate balances
• Real property — any land or buildings they own in any county
• Vehicles — make, model, year, whether there's a loan
• Other assets — business interests, investments, personal property of value
• Debts — other judgments, child support obligations, secured loans

One important protection for the debtor under N.D.C.C. § 28-25-06: they cannot refuse to answer on grounds of self-incrimination. But in exchange, nothing they disclose during the examination can be used against them in a criminal prosecution. This means the debtor can't hide behind the Fifth Amendment, and you get full answers.

Third-Party Witnesses

You're not limited to questioning the debtor. Under N.D.C.C. § 28-25-04, you can subpoena third parties — employers, banks, business associates — to testify about property or money they hold on behalf of the debtor. If you suspect the debtor has been moving assets to a relative or business partner, this is how you investigate.

If the Debtor Doesn't Show Up

A debtor who receives personal service of the court order and fails to appear faces real consequences:

• Civil contempt proceedings — the court can hold them in contempt for disobeying a direct court order
• Bench warrant for arrest — under N.D.C.C. § 28-25-16, the court can issue a warrant for the debtor's arrest

There's also a more aggressive provision: if you can show by affidavit that the debtor intends to flee the state or evade process, the court can issue an immediate arrest warrant under N.D.C.C. § 28-25-05, even before the examination date.

These enforcement mechanisms give the examination real teeth. Most debtors, when served with a court order requiring their appearance, will show up.

What to Do With What You Learn

The examination turns your enforcement strategy from guesswork into precision:

• Learned the debtor's employer and pay rate? File for wage garnishment
• Identified a bank account with non-exempt funds? Serve a Garnishee Summons on the bank
• Discovered real property in another county? Transcript the judgment there to establish a lien
• Found the debtor's income is entirely from Social Security? You may need to wait for their circumstances to change or pursue other tools

The debtor's testimony cannot be used against them in a criminal prosecution under N.D.C.C. § 28-25-06, but you can use the asset information to direct enforcement tools available under North Dakota law.

Independent Research You Can Do First

Before requesting a formal examination, you can investigate on your own through public records:

• ND Courts Case Search — check for other lawsuits and existing judgments
• County Recorder records — search grantor/grantee indices for real property ownership
• Secretary of State — look up business filings, partnership records, and UCC financing statements

These public-record searches may give you enough information to skip the examination entirely and go straight to garnishment or execution.

Our North Dakota judgment collection guide includes a debtor examination worksheet that organizes your questions by asset category and helps you build an enforcement plan from the debtor's answers.

See more North Dakota guides →