§ 35-20-11 — Lien for repair, protection, improvement, safekeeping, or carriage of personalty

North Dakota § 35-20-11

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-20: Miscellaneous Liens

Text

personalty.
Every person, excepting those entitled to a specific lien under other chapters of this title,
who, while lawfully in possession of an article of personal property, renders any service to the
owner thereof by labor or skill employed for the repair, protection, improvement, safekeeping, or
carriage thereof has a special lien thereon, dependent on possession, for the compensation, if
any, which is due to the person from the owner for such service. In addition to other remedies
available for the enforcement of liens, the holder of such special lien may foreclose the same
and acquire ownership of such article of personal property, provided the holder of such a special
lien has obtained the address of the owner at the time such article was left, by causing a notice
of intention to foreclose such special lien to be sent to the owner thereof, by registered or
certified mail, to the address obtained from such owner at the time such article is left, which
notice shall be in substantially the following form:
To __________, owner of (describe the article upon which lien is claimed.)
You are hereby notified that the undersigned claims a special lien upon the
above-described article by virtue of section 35-20-11, and hereby further advises you of the
undersigned's intention to foreclose such special lien and acquire ownership of such article,
unless the sum of (insert amount claimed) is paid within sixty days from the date hereof; or
unless you shall notify the undersigned within such period of your election to challenge the
amount claimed due for services rendered thereon.
Dated
(Party claiming lien)
If, at the expiration of sixty days from the date of mailing such notice, payment has not been
received of the amount claimed to be due, or an election to challenge the amount due has been
received, the lien claimant is deemed to have succeeded to ownership of the article of personal
property upon which the special possessory lien is claimed.
If the owner of such property causes an election to challenge the amount claimed to be
delivered to the lienholder, then the summary foreclosure procedure set out herein is not
available to the lien claimant; and the lien must be foreclosed by action.