§ 41-10-03 — Civil penalty

North Dakota § 41-10-03

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-10: Fraudulent and Harassing Financing Statement Records

Text

1. A person shall not knowingly cause to be presented for filing in a filing office or
promote the filing of a financing statement record in a filing office that the person
knows:
a. Not to be authorized under section 41-09-80 or 41-09-130 by the natural person
whose name was provided as an individual debtor in the financing statement
record; and
b. Was filed or presented for filing with the intent that:
(1) The financing statement record be used to harass or hinder the natural
person whose name was provided as an individual debtor in the financing
statement record without that person's authorization; or
(2) The financing statement record be used to defraud any person.
2. A person who violates subsection 1 is liable to each such debtor for:
a. The greater of ten thousand dollars or the actual damages caused by the
violation;
b. Court costs;
c. Reasonable attorney's fees;
d. Related expenses of bringing the action, including investigative expenses; and
e. Exemplary damages in the amount determined by the court.