N.D. Cent. Code § 35-31-02

Current through 2023 Legislative Sessions

Section 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 electronically a statement in the central notice system. 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 electronically a statement in the central notice system. 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 provide an electronic means 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.

N.D.C.C. § 35-31-02

Amended by S.L. 2015, ch. 372 (HB 1330),§ 1, eff. 8/1/2015.

Amended by S.L. 2013, ch. 257 (HB 1136),§ 15, 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. 2011, ch. 250 (HB 1328),§ 4, eff. 8/1/2011.