North Dakota Judgment: Types, Records, Duration, and What to Expect

The term judgment refers to the final decision issued by a court, which outlines how a case is resolved. In North Dakota, judgments can be issued to settle different types of cases like civil lawsuits, criminal restitution, family law matters, or property disputes. A judgment becomes a legal obligation that can damage a credit report or lead to the lien being placed on the debtor’s real property.

What Is a Judgment in North Dakota?

A judgment, according to North Dakota Rules of Civil Procedure, Rule 54(a), is any decree or order that can be appealed by a party in a case. Once it is entered by a clerk of court or judge, a judgment establishes the legal right that can be carried out through actions like placing a lien on an individual’s real estate.

For instance, a judgment can be used by a creditor to collect on a loan. Also, a family court can issue a judgment to establish child or spousal support obligations in a divorce matter. Regardless of the type, North Dakota judgments can have serious financial and legal effects on the debtor until they expire.

Types of Judgments in North Dakota

The type of judgment issued by a North Dakota court depends on the nature of the case. Judgments in North Dakota are outlined in the Rule of Civil Procedure (N.D.R.civ.P.) and the North Dakota Century Code (N.D.C.C).

1. Default Judgment (N.D.R.Civ.P. 55)

The court can rule against a defendant in North Dakota by entering a default judgment if they fail to respond to a lawsuit

2. Summary Judgment (N.D.R.Civ.P. 56)

A judge can decide a case without a full trial if there is an undisputed fact that one party should win.

3. Criminal Restitution Judgment (N.D.C.C. § 12.1-32-08(1))

An offender may be required by the court to pay a victim a certain amount to cover for the harm caused by their actions.

4. Declaratory Judgment (N.D.C.C. Chapter 32-23)

Without ordering any of the parties to take action, the court can resolve a dispute by defining their rights in a particular situation.

How to Search for Judgments in North Dakota

Judgments are open to public disclosure in North Dakota. Anyone can find them through different methods like:

1. Clerk of Court Offices – Excluding holidays, individuals can request the true copies of judgment records at the Clerk’s Office during weekdays.
2. North Dakota Courts Records Inquiry (NDCRI): Individuals who know the filing date, case number, or attorney’s name in their case may use the NDCRI portal to locate judgment records.
3. County Recorder’s Offices: Most Recorder’s Offices provide a property and lien database for checking recorded judgment liens in their locality.
4. Third-Party Services – While official government sources have the most precise records, some third-party platforms also make judgments available from courts nationwide, including in North Dakota.

When viewing a judgment record in North Dakota, one may find details such as:

• Names of parties
• Court location
• Case number
• Amount owed
• Judgment date

Judgment Records in Major North Dakota Counties

Even with a statewide court system in North Dakota, county offices are responsible for keeping the certified copies of judgment records:

• Fargo (Cass County): In Cass County, judgment records can be searched using the NDCRI system or through the Clerk’s Office.
• Bismarck (Burleigh County): Burleigh County maintains records through the clerk of court or the NDCRI portal.
• Grand Forks (Grand Forks County): The most accurate sources for locating Grand Forks judgment records are the NDCRI portal and the local county courthouse.

How Long Does a Judgment Last in North Dakota?

As provided in the N.D.C.C. § 28-20-35, a civil judgment in North Dakota lasts for 10 years from the date of entry. Before it expires, the creditor must renew the judgment if it is not yet satisfied. It is important to note that a judgment becomes expired if it is not renewed within the original 10-year period.

During the life of a judgment, creditors can take actions to recover the debt, while debtors may face a long-term financial strain.

What Happens After a Judgment Is Entered in North Dakota?

The entry of a judgment allows creditors to act on the debt, and debtors may experience serious financial impacts.

For Creditors:

• Wage Garnishment: With a court order, a portion of a debtor’s wages may be withheld by an employer until the judgment is satisfied.
• Judgment Liens: A creditor may file a legal claim on a debtor’s real property to prevent it from being sold until the judgment is satisfied.
• Bank Levies: With the approval of a court, funds from a debtor’s bank account can be seized by a creditor.

For Debtors:

• Credit Reporting: If a debtor has a judgment on their credit report, it may prevent them from getting a loan.
• Satisfaction of Judgment: Once the judgment is satisfied, the creditor must visit the court and file a document stating so to release the debtor from the judgment.

• Appeals or Motions to Vacate: A debtor can move to vacate a judgment they consider unfair if it resulted from a default without proper notice.