32-20 Foreclosure of Liens on Personal Property - North Dakota Statutes

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CHAPTER 32-20FORECLOSURE OF LIENS ON PERSONAL PROPERTY32-20-01. Foreclosure authorized. An action may be maintained in the district court toforeclose any lien upon personal property.32-20-02. Warrant to seize property - Issuance - Service. If the plaintiff is not inpossession of the property, the judge of the court in which the action is commenced, at the time
of the commencement of the action or at any time before judgment, may issue a warrant
commanding the sheriff to seize and safely keep the same to abide the final judgment in the
action. The warrant may be issued upon the filing of:1.A verified complaint setting forth a claim for relief in favor of the plaintiff and against
the defendant for the foreclosure of a lien upon the property possession of which is
sought to be obtained; and2.An affidavit stating that the affiant knows or has good reason to believe that the
seizure of the property is necessary to prevent removal, destruction, or concealment
of the property or loss of the creditor's proprietary interests therein.The sheriff shall without delay serve copies of the warrant, affidavit, and undertaking upon the
defendant in the same manner as the summons. If the defendant has not filed a special answer,
pursuant to this chapter, within ten days after notice of the issuance of a warrant or if in the trial of
the special answer the court finds for the plaintiff, the sheriff shall seize the property of the
defendant. The sheriff shall attach perishable property or property the judge has determined,
when issuing a warrant, is likely to be removed, destroyed, or concealed if the property is not
attached without delay, notwithstanding the right of the defendant to file a special answer.32-20-03. Form of warrant. Repealed by S.L. 1985, ch. 378,