Back
to State Equine Agister's/Feed Lien Statutes Main Page
If your printer is cutting off information, switch your paper
orientation to "landscape".
North Dakota
North Dakota Liens for Service to Horses
NOTE: North Dakota does not have liens specifically for veterinarians,
farriers or breeders. However, it does have an agricultural
supplier's lien statute that is broad enough to cover all
three kinds of service providers.
NORTH DAKOTA CENTURY CODE
TITLE 35. LIENS
CHAPTER 35-31.
AGRICULTURAL SUPPLIER'S LIEN
35-31-01 Agricultural supplier's
lien authorized.
Any person who furnishes supplies used in the production of
crops, agricultural products, or livestock is entitled to
a lien upon the crops, products produced by the use of the
supplies, and livestock and their products including milk.
As used in this chapter, the term "supplies" includes
seed, petroleum products, fertilizer, farm chemicals, insecticide,
feed, hay, pasturage, veterinary services, or the furnishing
of services in delivering or applying the supplies. An agricultural
supplier's lien filed in accordance with section 35-31-02
is effective from the date the supplies are furnished or the
services performed. An agricultural supplier's lien filed
as a security interest created by contract to secure money
advanced or loaned for any purposes is not effective to secure
a priority over liens filed under section 35-05-01.
35-31-02 Procedure to obtain lien.
To obtain an agricultural supplier's lien, except an agricultural
supplier's lien for furnishing petroleum products, the person
entitled to the lien, within one hundred twenty days after
the supplies are furnished or the services performed, shall
file a verified statement in the office of the register
of deeds of any county in this state or in the office of
the secretary of state. To obtain an agricultural supplier's
lien for furnishing and delivering petroleum products, the
person entitled to the lien, within one hundred fifty days
after the petroleum products are furnished or delivered,
shall file a verified statement in the office of the register
of deeds of any county in the state or in the office of
the secretary of state. The statement must contain the following
information:
1. The name and address of the person to whom the supplies
were furnished.
2. The name and address of the supplier.
3. A description of the crops, agricultural products, or
livestock and their amount or number, if known, subject
to the lien together with a reasonable description, including
the county as to the location of the crops, agricultural
products, or livestock and the year the crop is to be harvested
or was harvested.
4. A description and value of the supplies and the first
date furnished.
5. 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
to whom the supplies were furnished.
The secretary of state shall prescribe one form that can
be used to obtain a lien under this section or gain protection
under the central notice system, or both. Before a supplier's
lien is filed, a billing statement for the supplies furnished
must include notice to the agricultural producer that if
the amount due to the agricultural supplier is not satisfied
a lien may be filed.
35-31-03 Priority.
An agricultural supplier's lien obtained under the provisions
of this chapter has priority, as to the crops or agricultural
products covered thereby, over all other liens or encumbrances
except any agricultural processor's lien.
35-31-04 Secretary of state to remove and destroy certain
documents.
The secretary of state shall remove and destroy liens filed
in the secretary of state's office pursuant to this chapter
in the manner provided for in section 11-18-14 for the register
of deeds.
35-31-05 Amendment of lien.
A lienholder may file an amendment to correct the social
security 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
prescribe a form that may be used to amend or assign the
agricultural supplier's lien that has been filed pursuant
to section 35-31-02. The amendment or assignment of a lien
does not affect the priority of the lien.
35-31-06 Fees -- Penalty.
The fee for filing an agricultural supplier's lien with
the secretary of state or the county register of deeds is
five dollars. The fee for filing a termination statement
is five dollars. The termination fee must be paid at the
time the fee for filing the lien is paid. The fee for filing
an amendment or assignment of an agricultural supplier's
lien is ten dollars. If a lienholder fails to file a termination
statement within sixty days after the lien has been satisfied,
the lienholder is liable to the debtor for one hundred dollars.
Back
to State Equine Agister's/Feed Lien Statutes Main Page
If your printer is cutting off information, switch your paper
orientation to "landscape".
