If more than one execution against a judgment debtor is outstanding when a levy upon property of a judgment debtor is made, the property must be applied to the execution first received by the sheriff. The balance, if any, of the property must be applied to subsequent executions in order of time as received by the sheriff. However, property of the judgment debtor which was not previously levied upon but which is subject to levy and which is particularly described either in the execution or in a written notice to the sheriff by the judgment creditor or the creditor’s agent or attorney must be applied to that execution regardless of time of receipt of the execution by the sheriff.

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Terms Used In North Dakota Code 28-21-13.1

  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37