Wage & Bank Garnishment Service in North Dakota (N.D.C.C. ch. 32-09.1 Rules)

Under North Dakota Century Code § 32-09.1-04, a judgment creditor seeking to garnish a debtor's disposable earnings (wages) must first serve a written Notice of Intent to Garnish Earnings on the judgment debtor at least 10 days before issuing and serving the Garnishment Summons on the employer. This 10-day notice informs the debtor that a garnishment summons will be served on their employer unless the judgment is paid or the debtor claims public assistance exemptions.

While the 10-day pre-garnishment notice is only required for earnings (wage) garnishments—and is NOT required before serving a bank or financial institution to freeze a checking or savings account—strict adherence to the timeline and service sequence under N.D.C.C. § 32-09.1-04 is mandatory when attaching wages.

Under N.D.C.C. § 32-09.1-08, the Garnishment Summons and Garnishment Disclosure form may be served upon the garnishee (the employer or bank) by any person authorized to serve a civil summons under N.D.R.Civ.P. Rule 4(c), or by certified mail. However, personal delivery by a process server to the bank branch manager, corporate registered agent (such as CT Corp or CSC in Bismarck, or Northwest Registered Agent / Registered Agents Inc. in Fargo), or employer payroll department guarantees immediate attachment at the exact minute of service.

Crucial Statutory Requirement (N.D.C.C. § 32-09.1-10): 'A garnishee shall be paid a $15 fee by the plaintiff at the time of service of the garnishment summons and if the fee is not paid, the garnishment is void.' If your process server delivers a Garnishment Summons without a $15.00 check payable to the garnishee, the garnishment has zero legal effect. Our dispatch team verifies that the $15.00 statutory fee is included (or advances it on your behalf) and explicitly records the tender on the Return of Service.

Under N.D.C.C. § 32-09.1-08, a copy of the Garnishment Summons, copies of all other papers served on the garnishee, and the statutory Exemption Notice must be served personally or by first-class mail upon the judgment debtor not later than 5 days after service is made upon the garnishee. In bank garnishments, serving the bank first via Same-Day Priority Service ($175) locks down the debtor's non-exempt funds before the debtor receives their 5-day post-service notice and attempts to withdraw the balance.

Once served, the garnishee has 20 days to serve a written Garnishment Disclosure on the plaintiff and retain the non-exempt funds (up to 110% of the judgment amount) for up to 360 days (for wage garnishments under § 32-09.1-20) or until a Writ of Execution is levied.

Under N.D.C.C. § 32-09.1-03, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of 25% of disposable earnings for that week OR the amount by which disposable earnings for that week exceed 40 times the federal minimum hourly wage (with an additional $20 exemption per dependent residing with the debtor). Employers must calculate these exemptions on the Garnishment Disclosure form within 20 days of service.

For bank account garnishments in North Dakota, serving the correct corporate intake office or statutory registered agent is critical. While local community banks and credit unions (such as Bell Bank, Gate City Bank, First International Bank & Trust, or Bravera Bank) can be served at their North Dakota headquarters or branch offices, national banks (such as Wells Fargo or U.S. Bank) often designate CT Corporation System (120 W Sweet Ave, Bismarck) or Corporation Service Company (418 N 2nd St, Bismarck) as their North Dakota registered agent. Our Bismarck and Fargo servers deliver your Garnishment Summons and the mandatory $15.00 check directly to the authorized intake desk on the same day.