N.D. Cent. Code § 35-13-02

Current through 2023 Legislative Sessions
Section 35-13-02 - Lien statement - Contents - When required - Filing
1. The secretary of state shall prescribe an electronic system that can be used to obtain a lien under this section and also be entered in the central indexing system. A person entitled to a lien under this chapter who retains possession of the property made, altered, or repaired is not required to file any statement to perfect the lien. If the possession of the property so made, altered, or repaired is relinquished, the person shall file electronically, within ninety days, or if the property is used for agricultural purposes within one hundred twenty days, or in the exploration for or the production of oil or gas within six months, after the materials are furnished or the labor is completed, in the central indexing system, a statement showing:
a. The labor performed.
b. The materials furnished.
c. The price agreed upon for the labor performed or materials furnished, or, if no price was agreed upon, the reasonable value thereof.
d. The name and address of the person for whom the labor was performed or to whom the materials were furnished.
e. The social security number or, in the case of a debtor doing business other than as an individual, the internal revenue service taxpayer identification number of the person for whom the labor was performed or to whom the materials were furnished.
f. The name and address of the person claiming the lien.
g. A description of the property upon which the lien is claimed.
2. A person filing a statement shall within thirty days serve notice of the filing, by registered mail, upon the owner or legal possessor of the property. A person entitled to the lien who fails to file a statement within the time limited in this section is deemed to have waived the right to a lien.
3. A lienholder may file electronically an amendment to add or correct the social security number or internal revenue service taxpayer identification number of the debtor, to correct the spelling of the debtor's or lienholder's name, or to correct or change the address of the debtor or lienholder. The secretary of state shall provide a means to amend electronically the repairman's lien that has been filed pursuant to this section. The amendment of the lien does not affect the priority of the lien.

N.D.C.C. § 35-13-02

Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.
Amended by S.L. 2013, ch. 257 (HB 1136),§ 3, eff. 8/1/2016, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this 2013 HB 1136, in which case this amendment becomes effective ninety days following the completion of the certificate requirement.
Amended by S.L. 2013, ch. 402 (HB 1340),§ 1, eff. 8/1/2013.