Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.

In North Dakota, the execution of a judgment is governed by state statutes, specifically North Dakota Century Code (NDCC) Title 28, Chapter 28-21, which outlines the process for enforcing judgments. When a judgment creditor is entitled to collect on a judgment, they may request a writ of execution from the court. This writ authorizes the sheriff or other law enforcement officer to seize assets belonging to the judgment debtor. The seized assets may include personal property, real estate, or wages. The sheriff may then sell the non-exempt property at a public auction to satisfy the judgment. Certain property is exempt from execution under North Dakota law, such as homestead property, certain personal property, and a portion of the debtor's wages. The proceeds from the sale are used to pay the judgment creditor, after deducting the costs of the execution process. If the proceeds are insufficient to cover the judgment, the creditor may continue to seek other assets of the debtor. It is important for both creditors and debtors to understand their rights and obligations under North Dakota law regarding the execution of judgments.