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Code · North Dakota · Title 11 · Chapter 11-15 — Sheriff

11-15-17. Liability for failure to execute process.

119 words·~1 min read·/nd/title-11/chapter-11-15-sheriff/11-15-17·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of execution or attachment is delivered neglects or refuses to levy upon or sell any property of the party charged in the writ which is liable to be levied upon or sold, which has been made known to the sheriff by the judgment creditor or the creditor's attorney, the sheriff is liable to the creditor for all damages sustained by the creditor. The sheriff is not liable if the sheriff has not levied upon or sold property, when the sheriff's failure to act was the result of following the directions or orders of the creditor or the creditor's agent or attorney.
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