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North Dakota STATE LAW


– 75% of earnings or amount equal to 40 times the federal minimum hourly wage, whichever is greater


– Legal: 6%
– Judgment: 12%


– Open Account: 6 years
– Sale of Goods: 4 years
– Written Contract: 6 years
– Domestic Judgment: 10 years (renewable)
– Foreign Judgment: 10 years (renewable)


– Amount of check plus $120 OR three times the amount of check, whichever is less

tape recording

One party state

(North Dakota Century Code)

– Cannot use federal exemptions, but can claim the federal non–bankruptcy exemptions
– The State of North Dakota has exempted the property and income below from seizure by the bankruptcy court to pay creditors:

Real Property:

– Real estate, mobile home or trailer used as residence up to $80,000 or alternatively, proceeds from sale of same up to exemption amount [28–22–02(10) and 47–18–01]

Personal Property:

– Food and fuel to last one year [28–22–02(6)]
– Pictures and clothing, unlimited amount [28–22–02(1)(5)]
– Automobile up to $1,200 [28–22–03.1(2)]
– Any personal property up to $7,500 in lieu of real estate exemption [28–22–03]
– Burial plots and church pew, unlimited amount [28–22–02(2)(3)]
– Books and bible up to $100 [28–22–02(1)]
– Wrongful death recoveries up to $7,500 [28–22–03.1(4)(a)]
– Personal injury recoveries up to $7,500, but not for pain and suffering [28–22–03.1(4)(b)]
– Crops, amount raised on debtor's land up to 160 acres; if this exemption used, other alternative exemptions are barred [28–22–02(8)]

Alternate exemptions:

– A head of household who does not claim a crops exemption can claim up to $5,000 of any personal property or all of the following: books and musical instruments up to $1,500 [28–22–04(1)]
– Furniture and bedding up to $1,000 [28–22–04(2)]
– Livestock and farm implements up to $4,500 [28–22–04(3)]
– Library and professional tools up to $1,000 or tools of a mechanic and business inventory up to $1,000 [28–22–04(4)]
– A non–head of household who doesn't claim a crops exemption can claim up to $2,500 of any additional personal property [28–22–05]

Insurance / Annuities:

– Fraternal society benefits, unlimited amount [26.1–15.1–18 and 26.1–33–40]
– Life insurance proceeds payable to deceased's estate, unlimited amount [26.1–33–40]
– Life insurance if beneficiary is insured's relative and police was owned over one year before bankruptcy filing [28–22–03.1(3)]

Pensions / Retirement Plans:

– Retirement benefits, IRAs and Keoghs up to $100,000 per plan and $200,000 total, but unlimited if needed for support [28–22–03.1(3)]
– Disabled veterans' benefits, unlimited amount (not military retirement pay) [28–22–03.1(4)(d)]
– Public employees, unlimited amount [28–22–19(1)]

Public Benefits / Entitlements:

– Unemployment compensation, unlimited amount [52–06–30]
– Workers' compensation, unlimited amount [65–05–29]
– Aid to families with dependent children, unlimited amount [28–22–19(3)]
– Crime victims' compensation, unlimited amount [37–27–06]
– Social security, unlimited amount [28–22–03.1(4)(c)]
– Desert Storm veterans benefits and armed conflict veterans benefits, unlimited amount [37–27–06]


– 75% of earned but unpaid wages or pension [32–09.1–03]