§ 35-34-03 — Vehicle lien

North Dakota § 35-34-03

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-34: Child Support Lien

Text

1. In the case of a vehicle, the child support agency may file a notice of lien with the
director of the department of transportation. The notice must be in a form prescribed
by the director and contain a description of the vehicle, the name and last-known
address of the obligor, and any other information required by the director. The notice of
lien must state that the child support obligation is past due and that a copy of the
notice of lien has been served on the obligor by first-class mail at the obligor's
last-known address.
2. Upon filing of the notice of lien in accordance with this section, the director shall
demand in writing the surrender of the certificate of title from the obligor or a superior
lienholder for the purpose of recording the lien on the certificate of title. Upon receipt of
the certificate of title, the director shall record the fact of the lien and the identity of the
lienholder on the certificate of title and deliver the certificate of title to the vehicle's

owner or, if a superior lienholder had possession of the certificate of title, to that
superior lienholder. If the obligor or superior lienholder fails to surrender the certificate
of title within fifteen days after the written demand by the director, the director shall
notify the child support agency seeking the lien.
3. Upon receipt of notice from the director that the obligor or superior lienholder has not
responded to the demand for surrender of a title certificate, the child support agency
may obtain an order from a court of competent jurisdiction requiring the certificate of
title to be delivered to the court so that a lien may be properly recorded.
4. No fee may be charged by the director for services provided under this section.
5. The director may determine a certificate of title to have been fraudulently procured if
endorsed by a previous owner who, at the time the endorsement was made, was an
obligor who owed past-due child support.