North Dakota Sheriff Levy Fees for Judgment Collection

Why Sheriff Fees Matter Before You Start

The court does not collect money for you. For a Writ of Execution, the clerk issues the paperwork and the county sheriff handles the levy and seizure. Garnishments use a Garnishee Summons served on an employer or bank. Sheriff work costs money, and you pay its deposit up front as the judgment creditor.

The good news: if the sheriff successfully collects or sells assets, your fee deposit is recoverable from the debtor as part of the judgment. But if the debtor turns out to have nothing, you eat the cost. Knowing the fee structure before you file a Writ of Execution helps you decide whether the math makes sense for your particular judgment.

What the Sheriff Charges

North Dakota does not publish a single statewide sheriff fee schedule for civil process. Each of the 53 county sheriff departments sets its own rates, though the statutory framework under N.D.C.C. Chapter 28-21 creates a common pattern. Here is the typical fee structure, using Burleigh County (Bismarck) as a documented example:

Service of levy and execution (single person): $80 base fee. This covers the sheriff traveling to the debtor's location, serving the writ, and seizing property or funds.

Mileage fee: $0.56 per mile, calculated round-trip from the sheriff's office. In Bismarck proper, mileage adds roughly $15 to the bill. For a debtor in a rural area, the mileage can climb significantly — Burleigh County quotes up to $77 in mileage for distant locations like Arena.

Subsequent service of execution: $30 plus mileage. If you need the sheriff to go back for a second levy (the debtor acquired new property, or you are targeting a different asset), the follow-up trips cost less than the initial one.

Sheriff commission on personal property sales: A fixed $75 fee plus 2% of the total amount collected. When the sheriff seizes and auctions personal property — vehicles, equipment, inventory — this commission comes out of the sale proceeds before you receive your share.

Sheriff commission on real property sales: 1% of the total amount collected. Real property execution sales carry a lower commission rate, but the amounts involved are usually larger.

Estimating Your Total Cost

Before requesting a Writ of Execution, add up what you are likely to spend:

1. Clerk of Court fee for issuing the writ — standard clerk fee (typically $20)
2. Sheriff base fee — varies by county, but expect $50–$100
3. Mileage — depends entirely on how far the debtor's assets are from the sheriff's office
4. Storage and towing (if seizing a vehicle or bulky property) — the sheriff may require an advance deposit for these
5. Publication costs (for real property execution sales) — the sheriff must publish a notice of sale, and the creditor advances the publication fee

For a $3,000 judgment in Bismarck, the total enforcement cost might run $100–$150 for a straightforward wage or bank levy. For a rural debtor with assets spread across the county, it could reach $200–$300.

Rural Distance Is the Hidden Cost

North Dakota spans over 70,000 square miles across 53 counties. If you won your judgment in Cass County (Fargo) but the debtor lives and works in a western county, the mileage charges add up fast. The sheriff charges mileage from their office, not from your location, so it is the debtor's proximity to the county seat that matters.

One trap to watch for: if you search online for "Cass County sheriff writ of execution fees," search engines sometimes return results for Cass County, Minnesota (Walker) instead of Cass County, North Dakota (Fargo). Minnesota's fee structure is completely different — they require an $80 deposit plus a $15 check payable to the bank or employer, and a 5% commission under MN Statute 551. Filing Minnesota paperwork with the North Dakota sheriff gets your request bounced.

When the Math Does Not Work

If your judgment is under $500 and the debtor has no obvious assets, the sheriff fees alone might consume a third of what you are owed. In that situation, it often makes more sense to start with a debtor examination (to find out what they actually own) or a Garnishee Summons against their employer before sending the sheriff out on a levy.

The $40 garnishee fee you pay the employer for wage garnishment is fixed and predictable, and a continuing lien stays active for 270 days. For small judgments, that is usually the most cost-effective enforcement path.

Getting Your Fees Back

Qualifying enforcement costs — 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.

If no assets are liquidated, you may be out of pocket for the fees.

For a full walkthrough of how enforcement costs, interest, and partial payments interact, our North Dakota judgment collection guide covers the complete sequence from the 30-day waiting period through closing out the case.

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