North Dakota Code 28-20-21 – Renewal of judgments by affidavit
(Repealed effective August 1, 2031) 1. For judgments initially docketed before August 1, 2021, any judgment that in whole or in part directs the payment of money and which may be docketed in the office of the clerk of any district court in this state may be renewed by the affidavit of the judgment creditor or of the judgment creditor’s personal representative, agent, attorney, or assignee at any time within ninety days preceding the expiration of ten years from the first docketing of such judgment.
Terms Used In North Dakota Code 28-20-21
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
2. The affidavit must be verified positively by the person making it and not on information and belief. The affidavit must be entitled as in the original judgment and must set forth: a. The names of the parties plaintiff and defendant; b. The name of the court in which docketed; c. The date and amount of the original judgment; d. The file number of the case in the county in which the judgment was originally entered; e. The name of the owner of said judgment, and, if not the party in whose name the judgment was entered, the source of that person’s title thereto and a statement of each assignment of said judgment necessary to trace the title thereof from the original judgment creditor; f. If the judgment was entered upon a certified transcript from any other court, a statement of this fact; g. A statement of each county in which a transcript of said judgment has been filed; h. A statement that no execution is outstanding and unreturned upon said judgment, or, if any execution is outstanding, that fact must be stated; i. The date and amount of each payment upon said judgment, whether collected under execution or otherwise, and that all payments have been duly credited upon said judgment, and whether any amount has been realized that has not been credited upon the judgment and upon the records in the court in which the judgment was originally rendered, or in any other court to which it has been transcripted; j. That there are no offsets or counterclaims against the person for whose benefit the renewal is sought and in favor of the judgment debtor or debtors, or, if a counterclaim or offset does exist in favor of the judgment debtor, a statement of the amount, if ascertained or certain, and an offer to allow the same as a credit pro tanto upon the amount due from the judgment debtor, or, if the counterclaim or offset is unsettled or undetermined, an offer that when the same is settled or determined, by suit or otherwise, the same may be allowed as a payment or credit upon said judgment to the full amount which subsequently may be adjudged due the judgment debtor thereon; k. The exact amount due upon said judgment, after allowing all offsets and counterclaims known to the affiant; and
l. Any other facts or circumstances necessary to a complete disclosure as to the exact condition of said judgment.