North Dakota Motion to Release Property from Levy upon Filing Bond

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Multi-State
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US-03319BG
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Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

North Dakota follows federal law in terms of how much of your disposable income can be garnished by a creditor. Creditors can garnish whichever is less: 25% of your weekly disposable income, or. The amount by which your weekly income exceeds 40 times the federal minimum wage.

The taking of bail consists of the acceptance by a competent court or magistrate, or a legally authorized officer, of an undertaking with sufficient sureties for the appearance of the defendant in person, ing to the terms of the undertaking, or that the sureties will pay to the state a specified sum. 29-08-03.1.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

In general, a judgment creditor can apply for a writ of execution at any time within ten years after the court ordered the judgment. (See Renewal of Judgment on Page 17 of 21 below.) The judgment creditor must apply for a writ of execution in the same North Dakota county that ordered the judgment.

North Dakota follows federal law in terms of how much of your disposable income can be garnished by a creditor. Creditors can garnish whichever is less: 25% of your weekly disposable income, or. The amount by which your weekly income exceeds 40 times the federal minimum wage.

Bail Bonds Some offenses are eligible for using a Bail Bonding agency to post bail. This is typically determined at the initial court appearance, but some misdemeanor offenses are eligible even before the initial appearance. Jail staff can advise you if an offense is bail bond eligible by calling 701-271-2900.

FindLaw Newsletters Stay up-to-date with how the law affects your life Injury to PersonSix years (N.D.C.C. § 28-01-16)ContractsWritten: Six years (N.D.C.C. § 28-01-16(1)) ); Oral: Six years (N.D.C.C. § 28-01-16(1))Collection of Debt on AccountSix years (N.D.C.C. § 28-01-16(1))Judgments10 years (N.D.C.C. § 28-01-15)7 more rows

The statute of limitations for actions on notes and contracts, including credit card debt, is six years. N.D.

Under the new regime, police can now bail suspects from the police station for up to 3 months. If the police consider that 3 months is not long enough to complete their investigation then an officer of inspector rank or above can grant a further 3 months (to total a 6 month bail period).

How does bail bonds work in North Dakota? Defendant circumstances differ from case to case; bail bonds typically cost 10% of the total North Dakota bail bonds amount. A licensed bondsman will write the bond, but, If the defendant skips bail, they owe the bondsman 100% of the bond.

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North Dakota Motion to Release Property from Levy upon Filing Bond