32-08.1-08. Directions to sheriff - Several writs - Limitations on seizure.
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/nd/title-32/chapter-32-08-1-attachment/32-08-1-08·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The sheriff shall without delay serve copies of the writ, affidavit, and bond upon the
defendant in the same manner as the summons. In the case of a nonresident, a
foreign corporation, or a foreign limited liability company, the sheriff shall serve such
copies on any agent of such defendant in the county, if any be known to the sheriff.
The court may, or on demand of the defendant shall, appoint a competent appraiser to
appraise the property of the defendant which is subject to the writ. Copies of the
appraisal, if any, and inventory shall be served upon the defendant.
2. If two or more writs against the same defendant shall be executed on the same
property, an inventory shall be made in but one of the actions, and the sheriff shall
endorse on the copy served upon the defendant in the other action a notice that the
property attached is the property attached in the action in which the inventory was
made, giving the title of such action, and such officer shall state in the officer's return
the fact of such endorsement.
3. If the defendant has not filed a special answer, pursuant to section 32-08.1-17, within
ten days after notice of the issuance of a writ of attachment, the sheriff shall seize, in
the sheriff's county, so much of the property of the defendant as will satisfy the
demand of the plaintiff with costs and expenses. The sheriff shall attach real property
and perishable property without delay, notwithstanding the right of the defendant to file
a special answer.