North Dakota Code § 11-15-17

Liability for failure to execute process
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Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of 
execution or attachment is delivered neglects or refuses to levy upon or sell any property of the 
party charged in the writ which is liable to be levied upon or sold, which has been made known 
to the sheriff by the judgment creditor or the creditor's attorney, the sheriff is liable to the creditor 
for all damages sustained by the creditor. The sheriff is not liable if the sheriff has not levied 
upon or sold property, when the sheriff's failure to act was the result of following the directions or 
orders of the creditor or the creditor's agent or attorney.

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