Writs Of Attachment

"Any creditor may attach the property of the creditor's debtor, in the cases, upon the conditions, and in the manner prescribed by state law. (NDCC, 32-08.1-01)

A writ of attachment may be issued on the request of the plaintiff before final judgment and after a summons and a complaint is filed. The writ may only be issued following a hearing at which the plaintiff shall present the affidavit. The court may issue the writ of attachment only if the plaintiff has provided the required affidavit, has executed a sufficient bond, and has made a prima facie showing of the right to attachment. The plaintiff shall provide the defendant with a copy of the request for the writ and the accompanying affidavit and notice of the time of the hearing. The writ, if issued, must be directed to the sheriff of some county in which the property of the defendant is supposed to be and must require the sheriff to attach all the property of the defendant within the sheriff's county, or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. The writ must be in the name of the court and be sealed with its seal and signed by its judge. (NDCC, 32-08.1-02)

All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon shall be applicable to an attachment. (NDCC, 32-08.1-10)"