North Dakota Debt Relief
North Dakota Credit Card Debt law includes a 6-year time limit for suits over unpaid debt, including Credit Cards. This Statute of Limitations (SOL) begins on the date a payment was first missed, but will start over upon any subsequent partial payments. To prevent default judgment, the debtor must file an answer to a summons within 20 days. It is best to send the answer by certified mail.
A North Dakota judgment may be pursued for 10 years and may be renewed so long as the creditor takes action within 90 days prior to expiration of the judgment. The judgment becomes a lien against the debtor’s real property upon filing a docket in the appropriate county. It remains in effect 10 years and may be extended another 10 years. The debtor’s real and personal property may be levied to satisfy the judgment but a homestead exemption for $80,000 and other personal property exemptions are allowed for the debtor.
Wage garnishments are allowed up to 25% or the amount exceeding 40 times the federal minimum wages of the debtor’s weekly disposable earnings. The allowable amount may be reduced by $20 for each dependent in the debtor’s household.
North Dakota recognizes “judgment by confession,” a legal clause in contracts the acts the same as a judgment on the debt. For this reason, North Dakota residents should carefully scrutinize any credit card applications prior to signing.
Once faced with a summons over debt, consumers have few options available. They can either accept a court judgment and the seizure of property, file bankruptcy or work out a Debt Settlement plan. Debt Settlement is the best option among these, allowing the consumer to work out an interest free payment plan instead.