§ 35-35-04 — Lien claimant may petition court - Procedure - Order to show cause - Remedies - Order to be filed

North Dakota § 35-35-04

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-35: Nonconsensual Common-Law Liens

Text

Remedies - Order to be filed.
1. Any person who submits for filing or recording a lien against real or personal property
which is rejected by the filing officer as a nonconsensual common-law lien may petition
the district court of the county in which the document was rejected for an order
directing the filing officer to file or record the document pending a hearing on whether
the document constitutes a nonconsensual common-law lien. The order may be
granted ex parte. The lien claimant, as petitioner, shall appear at a time scheduled by
the court and show cause why the document should not be declared a nonconsensual
common-law lien with no legal effect and relief as provided in section 35-35-06 granted
to the person against whom the document was attempted to be filed.
2. The petition must state the grounds upon which relief is sought and must be supported
by the affidavit of the petitioner or the petitioner's attorney setting forth a concise
statement of the facts upon which the claim for relief is based.

3. Any order rendered under this section must clearly state that if the lien claimant fails to
appear at the time and place noted in the order, the document must be declared a
nonconsensual common-law lien with no legal effect and the lien claimant must be
ordered to pay damages to the person against whom the document was attempted to
be filed in the amount of one thousand dollars or actual damages, whichever is
greater, and costs, including reasonable attorney's fees.
4. If, after a hearing on the matter, the court determines that the document is a
nonconsensual common-law lien, the court shall issue an order so declaring, and
declaring the document to have no legal effect and awarding damages as provided in
section 35-35-06 to the person against whom the document was attempted to be filed.
5. If the court determines that the document is not a nonconsensual common-law lien,
the court shall issue an order so stating and may award costs and reasonable
attorney's fees to the prevailing party.
6. The district court clerk shall file a copy of any order rendered pursuant to this section
in the office of the filing officer who rejected the document for filing.