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Current as of January 01, 2024 | Updated by Findlaw Staff
If a judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it appears to the court that a person signed the same as surety or bail for that person's codefendant, the court shall state which of the defendants is principal debtor and which is surety or bail. Execution issued on the judgment must command the sheriff to cause the property of the principal debtor to be sold and if the proceeds from that sale are insufficient, to collect the deficiency from the property of the surety or bail. The property of the principal debtor within the jurisdiction of the court must be exhausted before any of the property of the surety or bail may be taken in execution.
Cite this article: FindLaw.com - North Dakota Century Code Title 28. Judicial Procedure, Civil § 28-21-17. Execution against principal first - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-28-judicial-procedure-civil/nd-cent-code-sect-28-21-17/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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