§ 35-13-02 — Lien statement - Contents - When required - Filing

North Dakota § 35-13-02

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-13: Repairman's Lien

Text

1. The secretary of state shall prescribe an electronic system that can be used to obtain
a lien under this section and also be entered in the central indexing system. A person
entitled to a lien under this chapter who retains possession of the property made,
altered, or repaired is not required to file any statement to perfect the lien. If the
possession of the property so made, altered, or repaired is relinquished, the person
shall file electronically, within ninety days, or if the property is used for agricultural
purposes within one hundred twenty days, or in the exploration for or the production of
oil or gas within six months, after the materials are furnished or the labor is completed,
in the central indexing system, a statement showing:
a. The labor performed.
b. The materials furnished.
c. The price agreed upon for the labor performed or materials furnished, or, if no
price was agreed upon, the reasonable value thereof.
d. The name and address of the person for whom the labor was performed or to
whom the materials were furnished.
e. The social security number or, in the case of a debtor doing business other than
as an individual, the internal revenue service taxpayer identification number of the
person for whom the labor was performed or to whom the materials were
furnished.
f. The name and address of the person claiming the lien.
g. A description of the property upon which the lien is claimed.
2. A person filing a statement shall within thirty days serve notice of the filing, by
registered mail, upon the owner or legal possessor of the property. A person entitled to
the lien who fails to file a statement within the time limited in this section is deemed to
have waived the right to a lien.
3. A lienholder may file electronically an amendment to add or correct the social security
number or internal revenue service taxpayer identification number of the debtor, to
correct the spelling of the debtor's or lienholder's name, or to correct or change the
address of the debtor or lienholder. The secretary of state shall provide a means to
amend electronically the repairman's lien that has been filed pursuant to this section.
The amendment of the lien does not affect the priority of the lien.