32-08.1-17. Answer to writ - Trial.
128 words·~1 min read·
/nd/title-32/chapter-32-08-1-attachment/32-08-1-17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Within ten days after notice of the issuing of a writ of attachment against the defendant's property, the defendant may, by special answer, deny the existence, at the time of the making of the attachment affidavit, of the material facts stated in the affidavit and may assert undue hardship as a defense. The court shall try the issue so raised before the trial of the action, but in no event later than fourteen days after the writ of attachment is issued. The plaintiff has the burden of proving the conditions for issuance of the prehearing writ of attachment as described in section 32-08.1-02.1.
If the defendant has made an assignment for the benefit of the defendant's creditors, the defendant's assignee may answer and defend pursuant to this section.