§ 52-04-12 — Civil action to collect contributions, interest, penalties, delinquency fees - Service on nonresident employers - Contribution liens - Certificates

Service on nonresident employers - Contribution liens - Certificates.
1. Collection process of the bureau shall also be by civil action for collection of any
money owing to the bureau from any source and for whatever reason, inclusive of
interest thereon, penalties and delinquency fees when there is provision for such
additional assessments. Costs of the action allowed by statute must be added when
judgment is awarded against the debtor, unless waived. When the debtor is a
nonresident of this state and the claim for relief accrued subsequent to July 1, 1963,
and prior to July 1, 1969, jurisdiction thereof by service of process must be governed
by the provisions of this section as it appeared in chapter 334 of the 1963 North
Dakota Session Laws and the Supplement to the North Dakota Century Code from
July 1, 1963, to July 1, 1969, and when the claim for relief accrued subsequent to
July 1, 1969, and prior to August 1, 1971, jurisdiction thereof by service of process
must be governed by the provisions of chapter 293 of the 1969 North Dakota Session
Laws and chapter 28-06.1 of the Supplement to the North Dakota Century Code, and
when the claim for relief accrued subsequent to August 1, 1971, jurisdiction thereof by
service of process must be governed by the amended provisions of rule 4 of the North
Dakota Rules of Civil Procedure adopted and promulgated by the supreme court under
date of June 28, 1971.
2. Whenever any employer, liable to pay contributions, interest, or penalty, fails to pay,
the amount of contributions, interest, penalty, and costs that accrue is a lien in favor of
the state upon all property and all rights to property belonging to the employer. The
lien attaches at the time the contributions, interest, or penalty becomes due, and
continues until the liability is satisfied. To preserve the lien against subsequent
mortgages, purchasers for value and without notice of the lien, judgment creditors, and
lienholders, job service North Dakota shall file a notice of lien utilizing one of these
methods:
a. In the central indexing system maintained by the secretary of state. Job service
North Dakota shall index in the central indexing system the following data:
(1) The name of the employer.
(2) The name "job service North Dakota" as claimant.
(3) The date and time the notice of lien was indexed.
(4) The amount of the lien.
The notice of lien is effective as of eight a.m. following the indexing of the notice. Job
service North Dakota shall index any notice of lien without payment of a fee or cost to
the secretary of state. Upon payment of contributions, interest, penalty, and costs, job
service North Dakota shall index a satisfaction of the lien in the central indexing
system without fees or costs.
b. With the recorder, in the county in which the property is located, a notice of the
lien. The lien is effective from the time of filing of the notice. The recorder shall
preserve the notice and endorse on it the day, hour, and minute when it was
received. The recorder shall index the notice of lien in an appropriate index
record and record the notice of lien in the manner provided for recording real
estate mortgages. The recorder shall accept the notice of lien for filing without
payment of a fee by job service North Dakota. Upon payment of the contributions,
interest, penalty, and costs, job service North Dakota shall file with the recorder a
satisfaction of the lien. The recorder shall enter the satisfaction on the notice of
lien, index the satisfaction in an appropriate index record, and record the
satisfaction in the manner provided for recording satisfactions of real estate
mortgages. The recorder shall accept the satisfaction for filing without payment of
a fee by job service North Dakota.
In either method, the attorney general, upon request of job service North Dakota, may
bring suit without bond, to foreclose the lien.

3. Whenever any employer, liable to pay contributions, interest, or penalty, fails to pay the
same, job service North Dakota may file a certificate, specifying the amount of
contributions, interest, and penalty due and the name of the liable employer, with the
clerk of district court in any county. The clerk shall enter and docket the certificate in
the same manner as a judgment that directs the payment of money. The certificate has
the force and effect of a judgment of the district court. The certificate is a lien on all the
real property, except the homestead, of every person named, which the person may
have in any county in which the certificate is docketed at the time of docketing or
which the person thereafter acquires in the county, for ten years from the time of
docketing. The certificate may be renewed in the same manner and with the same
effect as a judgment that directs the payment of money. Execution of the certificate is
issuable in the same manner as provided for execution of judgments. Job service
North Dakota may proceed by garnishment to enforce the certificate in the same
manner as a creditor is entitled to proceed by garnishment to enforce a judgment.
Upon payment of the contributions, interest, penalty, and costs, job service North
Dakota shall file with the clerk of court a satisfaction of the certificate. The clerk shall
discharge the record in the same manner as judgments.
4. The foregoing remedies are cumulative and no action taken by job service North
Dakota may be construed to be an election to pursue any remedy to the exclusion of
any other remedy provided by law.