North Dakota Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside North Dakota's Statutes Of Limitations. North Dakota phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The North Dakota Fair Debt Collection Consumer Practices Guide summarizes North Dakota's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
North Dakota Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under North Dakota’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under North Dakota Debt Exemption Law!
North Dakota Statutes
The state of North Dakota has opted out of federal bankruptcy exemptions. North Dakota Code § 28-22-17.
Wages: North Dakota Code §§ 28-25-11 and 32-09.1-03.
Homestead: North Dakota Code §§ 28-22-02, -03.1(1), 47-18-01,
-04, -14, -16.
Tangible personal property: North Dakota Code §§ 28-22-01 through -05.
Benefits, retirement plans, insurance, judgments, and other intangibles:
North Dakota Code §§ 28-22-03.1, 28-22-19.
North Dakota Debt Statutes of Limitation
Your debt may have expired under North Dakota’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the North Dakota Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
North Dakota Debt Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
All other actions based on a contract, obligation or liability, express or implied: 6 years.
NOTE: A new written acknowledgement or promise or voluntary payment on a debt revives the statute of limitations for the debt.
Judgments: 10 years.
North Dakota Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under North Dakota’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under North Dakota law.
North Dakota Wage Garnishment Procedural Requirements
After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The judge may also, in his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.D. Cent. Code _ 282507.
The judge, by order, may forbid a transfer or other disposition of the property of the judgment debtor not exempt from execution and any interference therewith. N.D. Cent. Code _ 282512.
The judge may allow to the judgment creditor or to any party examined, whether a party to the action or not, witness fees and disbursements. N.D. Cent. Code _ 282515.
Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person indebted to or having any property in possession or under control, belonging to the creditor's debtor after securing a judgment against the debtor in a court of competent jurisdiction. N.D. Cent. Code _ 3209.102.
In any action in a court of record for the recovery of money, at any time after judgment, a garnishee summons may be issued against any third person. N.D. Cent. Code _ 3209.106.
The garnishee summons and notice to defendant shall be served upon the garnishee in the same manner as other summons in that court of record except that service must be personal. The plaintiff shall serve with the garnishee summons a disclosure form. The plaintiff may also serve interrogatories with the garnishee summons. A copy of the garnishee summons and copies of all other papers served on the garnishee must be served personally upon the defendant not later than ten days after service is made upon the garnishee. A single garnishee summons may be addressed to two or more garnishees but must Statutee whether each is summoned separately or jointly. N.D. Cent. Code _ 3209.108.
A garnishment disclosure form must be served upon the garnishee. N.D. Cent. Code _ 3209.109. In all garnishment proceedings, the plaintiff, when the garnishment summons is served upon the garnishee, shall tender to the garnishee the sum of ten dollars as the fee for making an affidavit of disclosure. N.D. Cent. Code _ 3209.110.
Interest Rate at which Judgments Accrue
Interest is payable at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate may not exceed the maximum rate provided in _ 47 1409. If such original instrument contains no provision as to an interest rate, or if the action resulting in the judgment was not based upon an instrument, interest is payable at the rate of twelve percent per annum and may not be compounded in any manner or form. N.D. Cent. Code _ 28 2034. Applicable Forms N.D. Cent. Code _ 3209.107.
North Dakota (Debt Collector) Call Recording Law
Under North Dakota State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! North Dakota is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of North Dakota.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
