Brossart v. Janke

Citations

• 942 N.W.2d 856
• 2020 ND 98

Syllabus

Under N.D.C.C. § 28-20.1-03(2), the clerk of district court is required to mail notice of the filing of a foreign judgment to the judgment debtor. Under N.D.C.C. § 28-20.1-03(3), a judgment creditor may not execute on a foreign judgment without first adequately complying with the notice procedures provided in N.D.C.C. § 28-20.1-03(2). Under N.D.R.Civ.P. 33(a)(3), a judgment creditor is allowed to serve interrogatories on each judgment debtor who is jointly or severally liable for the judgment. Under N.D.R.Civ.P. 33(a)(3), subparts to the primary question are not separate interrogatories. Upon a finding that a claim for relief was frivolous, the district court must award reasonable attorney's fees to the prevailing party.