North Dakota Laws on Wage Garnishments, Statute of Limitations on Debt and Bankruptcy Property Exemptions
WAGE GARNISHMENT EXEMPTION: 75% of earnings or amount equal to 40 times the federal minimum hourly wage, whichever is greater
MAXIMUM INTEREST RATE: Legal: 6% Judgment: 12%
STATUTE OF LIMITATIONS (IN YEARS)
Open Account: 6 years
Sale of Goods: 4 yearsWritten Contract: 6 yearsDomestic Judgment: 10 years (renewable) Foreign Judgment: 10 years (renewable) BAD CHECK LAW DAMAGES: Amount of check plus $120 OR three times the amount of check, whichever is less
NORTH DAKOTA BANKRUPTCY PROPERTY EXEMPTIONS (North Dakota Century Code):
Cannot use federal exemptions, but can claim the federal non-bankruptcy exemptions
The State of North Dakota has exempted the property and income below from seizure by the bankruptcy court to pay creditors:
Real Property: Real estate, mobile home or trailer used as residence up to $80,000 or alternatively, proceeds from sale of same up to exemption amount [28-22-02(10) and 47-18-01]
Personal Property: Food and fuel to last one year [28-22-02(6)]; pictures and clothing, unlimited amount [28-22-02(1)(5)]; automobile up to $1,200 [28-22-03.1(2)]; any personal property up to $7,500 in lieu of real estate exemption [28-22-03]; burial plots and church pew, unlimited amount [28-22-02(2)(3)]; books and bible up to $100 [28-22-02(1)]; wrongful death recoveries up to $7,500 [28-22-03.1(4)(a)]; personal injury recoveries up to $7,500, but not for pain and suffering [28-22-03.1(4)(b)]; crops, amount raised on debtor's land up to 160 acres; if this exemption used, other alternative exemptions are barred [28-22-02(8)] Alternate exemptions: A head of household who does not claim a crops exemption can claim up to $5,000 of any personal property or all of the following: books and musical instruments up to $1,500 [28-22-04(1)]; furniture and bedding up to $1,000 [28-22-04(2)]; livestock and farm implements up to $4,500 [28-22-04(3)]; library and professional tools up to $1,000 or tools of a mechanic and business inventory up to $1,000 [28-22-04(4)]. A non-head of household who doesn't claim a crops exemption can claim up to $2,500 of any additional personal property [28-22-05]
How to Deal with Debt Collectors
Federal and State Laws Regarding Debt Collection
State Laws Regulating Wage Garnishments
Insurance / Annuities: Fraternal society benefits, unlimited amount [26.1-15.1-18 and 26.1-33-40]; life insurance proceeds payable to deceased's estate, unlimited amount [26.1-33-40]; life insurance if beneficiary is insured's relative and police was owned over one year before bankruptcy filing [28-22-03.1(3)]
Pensions / Retirement Plans: Retirement benefits, IRAs and Keoghs up to $100,000 per plan and $200,000 total, but unlimited if needed for support [28-22-03.1(3)]; disabled veterans' benefits, unlimited amount (not military retirement pay) [28-22-03.1(4)(d)]; public employees, unlimited amount [28-22-19(1)]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [52-06-30]; workers' compensation, unlimited amount [65-05-29]; aid to families with dependent children, unlimited amount [28-22-19(3)]; crime victims' compensation, unlimited amount [37-27-06]; social security, unlimited amount [28-22-03.1(4)(c)]; Desert Storm veterans benefits and armed conflict veterans benefits, unlimited amount [37-27-06]
Wages: 75% of earned but unpaid wages or pension [32-09.1-03]
