What Do I Do If I'm Served With A Summons and Complaint?

• If you have been served with a summons and a complaint, read the complaint carefully.
  
  
• If you have any defense to the complaint, you must put in a response, called an answer. A defense would be that you disagree with the amount of the debt or that you do not owe the debt.
  
  
• You must serve a copy of the answer on the plaintiff within 20 days from the day you were served with the papers to avoid having a default judgment entered against you.
  
  
• If you don't file the answer within the 20 day period, a judgment may be entered against you.

If I Have a Defense, Can Anyone Help Me?

If you need help in asserting your defense, call your local Legal Services office for a review of your case.

What Happens Once A Judgment Is Filed?

Once the judgment is entered, the creditor may use legal process to collect on the judgment at any time for ten (10) years. After the 10 year period, the creditor may renew the judgment for an additional 10 years for a maximum of 20 years.

Generally, a creditor will attempt to collect the judgment in the following ways:

1. garnish your wages;
   
   
2. garnish property held by a third person ie: bank account
   
   
3. levy against your property.

What Is A Writ of Execution or Levy?

A Levy or Writ is an order giving the sheriff the power to take or "levy" on your property to satisfy the judgment. The proceeds of the sale are initially used to pay for the costs of the sale. The remaining amount is applied to the debt. Any additional funds are paid to you.

If you receive a Notice of Intent to Levy, Writ of Execution, or Execution of Judgment, you need to immediately file a "Claim for Exemptions" with the law enforcement office serving the Execution or Levy to prevent the law enforcement official from taking statutorily exempt property.

What Is a Claim for Exemptions?

A legal paper which protects all or some of your property from being taken by a creditor to satisfy a debt.

Who Can I Talk to About A Claim For Exemptions?

For more information on Claim for Exemptions, contact our toll free number 1-800-634-5263.

Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

Published by Legal Services of North Dakota
Revised June 2008