North Dakota House Bill HB1291

North Dakota 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/11/23
• Report Pass: 2/1/23
• Engrossed: 2/6/23
• Refer: 2/13/23
• Report Pass: 3/8/23
• Enrolled: 3/13/23
• Passed: 3/17/23

Caption

Execution of a judgment.

Impact

The passage of HB 1291 will have a direct impact on state laws concerning debt recovery and the rights of creditors in North Dakota. By extending the time period for the execution of judgments and allowing lienholders to act if creditors do not, the bill modifies how debt resolution is approached. While it aids creditors by providing them a more robust mechanism to enforce judgments, it also opens discussions about the balance of interests between creditors and debtors, potentially affecting how debts are settled and how foreclosures are handled under the law.

Summary

House Bill 1291 amends the North Dakota Century Code by updating Section 28-21-01, specifically regarding the execution of judgments. The primary change allows a judgment creditor or their appointed representatives to enforce a judgment at any time within twenty years after it has been entered. This provides a longer timeframe for creditors to pursue enforcement actions, which is aimed at enhancing their ability to recover owed debts. The bill is particularly significant for creditors in the context of mortgage foreclosures, as it stipulates that if they do not serve a special execution within sixty days post-judgment, other lienholders can take action to facilitate a sheriff's sale.

Sentiment

The sentiment surrounding HB 1291 appears overwhelmingly supportive among legislators, as evidenced by the voting history that shows a significant majority in favor—with the House voting 90 Yeas to 3 Nays and the Senate unanimously supporting the bill with a 46-0 vote. This indicates a general consensus about the importance of empowering creditors while simplifying the judicial process involved in enforcing judgments, despite potential concerns from consumer advocacy groups that might argue it favors creditor interests over debtor protections.

Contention

While the bill received broad support, it is not without contention. Critics may point to the extended timeframe for judgment execution as a potential burden for debtors. By allowing lienholders to take action if creditors do not act promptly, the bill raises questions about the implications for those in financial distress. Additionally, the shift in enforcement dynamics could lead to increased litigation, as multiple parties may now vie for enforcement rights, thus complicating the landscape for borrowers and potentially leading to more aggressive recovery measures.