State Codes and Statutes

Statutes > North-dakota > T35 > T35c13

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CHAPTER 35-13REPAIRMAN'S LIEN35-13-01. Repairman's lien authorized. Any blacksmith, machinist, farm equipmentdealer, welder, garage keeper, mechanic, or aviation operator, having an established place of<br>business within this state who makes, alters, or repairs any automobile, truck, engine, combine,<br>tractor, farm equipment, well machine, aircraft, or watercraft at the request of the owner or legal<br>possessor of the property has a lien thereon, and on any accessories and parts placed upon the<br>property, for reasonable charges for work done and materials furnished, until the charges are<br>paid. If the cost of repair would exceed one thousand dollars or twenty-five percent or, two<br>thousand five hundred dollars or twenty-five percent for property used for agricultural purposes,<br>of the value of the property, in its repaired condition, whichever is greater, and the repairman<br>intends to have the entire repair bill constitute a lien with priority over the mortgage or financing<br>statement of record, the repairman shall give notice by registered or certified mail to the<br>recordholder of the mortgage or financing statement of the proposed repair, the estimated cost of<br>repair, and the estimated value of the property in its repaired condition.35-13-02. Lien statement - Contents - When required - Filing.1.The secretary of state shall prescribe one form that can be used to obtain a lien<br>under this section and also be entered in the central indexing system. A person<br>entitled to a lien under this chapter who retains possession of the property made,<br>altered, or repaired is not required to file any statement to perfect the lien. If the<br>possession of the property so made, altered, or repaired is relinquished, the person<br>shall file, within ninety days, or if the property is used for agricultural purposes within<br>one hundred twenty days, or in the exploration for or the production of oil or gas<br>within six months, after the materials are furnished or the labor is completed, in the<br>office of the recorder of the county in which the owner or legal possessor of the<br>property resides, a verified written 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<br>price was agreed upon, the reasonable value thereof.d.The name of the person for whom the labor was performed or to whom the<br>materials were furnished.e.The social security number, if available, or, in the case of a debtor doing<br>business other than as an individual, the internal revenue service taxpayer<br>identification number, if available, of the person for whom the labor was<br>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 verified statement shall within thirty days serve notice of the filing,<br>by registered mail, upon the owner or legal possessor of the property. A person<br>entitled to the lien who fails to file a verified statement within the time limited in this<br>section is deemed to have waived the right to a lien.3.A lienholder may file an amendment to add or correct the social security number or<br>internal revenue service taxpayer identification number of the debtor, to correct the<br>spelling of the debtor's or lienholder's name, or to correct or change the address of<br>the lienholder. The secretary of state shall prescribe a form that may be used toPage No. 1amend the repairman's lien that has been filed pursuant to this section.Theamendment of the lien does not affect the priority of the lien.35-13-03.Separate articles of personal property may be included in one lienstatement. Any person entitled to a lien under this chapter who makes, alters, or repairs more<br>than one article of personal property for the same owner or legal possessor may include all the<br>articles of personal property so made, altered, or repaired within ninety days, or if the property is<br>used for agricultural purposes within one hundred twenty days, or in the exploration for or the<br>production of oil or gas within six months, preceding the filing of the lien statement in the same<br>statement, and the statement has the same force and effect as though a separate statement had<br>been filed for each article.35-13-04. Priority of lien. A lien obtained under this chapter has priority over all otherliens, chattel mortgages, or encumbrances against the personal property upon which the lien is<br>secured, but if the repairman has failed to notify the recordholder of the mortgage or financing<br>statement as provided in section 35-13-01, or if such notice was given and the holder of the<br>mortgage or financing statement, within five days after receiving such notice, communicated in<br>writing to the repairman an objection to all the proposed repair costs becoming a lien against the<br>property with priority over the mortgage or financing statement, then only that portion of the<br>repairman's lien up to one thousand dollars or twenty-five percent, or two thousand five hundred<br>dollars or twenty-five percent for property used for agricultural purposes, of the retail value,<br>whichever is greater, in its repaired condition, has priority over the mortgage or financing<br>statement.35-13-05. Notice before foreclosure to prior mortgagee. A person holding a lienunder this chapter on property which has been encumbered previously by mortgage, before<br>beginning any action or proceeding for the foreclosure of the lien, shall give twenty days' notice in<br>writing of the lienholder's intention to foreclose the lien to the recordholder of the mortgage. The<br>notice may be served by registered or certified mail addressed to the recordholder at the<br>recordholder's last-known post-office address.35-13-06. Mortgagee may pay amount of lien - Assignment of lien. The holder ofany mortgage against property on which a lien has been filed under the provisions of this chapter<br>may pay the amount due on the lien at any time previous to a sale upon the foreclosure thereof.<br>Upon payment of the lien by a mortgageholder, the holder of the lien shall assign it to such<br>mortgageholder, and thereafter the mortgageholder is entitled to all the rights which the person<br>filing the lien had before the lien was paid.Page No. 2Document Outlinechapter 35-13 repairman's lien

State Codes and Statutes

Statutes > North-dakota > T35 > T35c13

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CHAPTER 35-13REPAIRMAN'S LIEN35-13-01. Repairman's lien authorized. Any blacksmith, machinist, farm equipmentdealer, welder, garage keeper, mechanic, or aviation operator, having an established place of<br>business within this state who makes, alters, or repairs any automobile, truck, engine, combine,<br>tractor, farm equipment, well machine, aircraft, or watercraft at the request of the owner or legal<br>possessor of the property has a lien thereon, and on any accessories and parts placed upon the<br>property, for reasonable charges for work done and materials furnished, until the charges are<br>paid. If the cost of repair would exceed one thousand dollars or twenty-five percent or, two<br>thousand five hundred dollars or twenty-five percent for property used for agricultural purposes,<br>of the value of the property, in its repaired condition, whichever is greater, and the repairman<br>intends to have the entire repair bill constitute a lien with priority over the mortgage or financing<br>statement of record, the repairman shall give notice by registered or certified mail to the<br>recordholder of the mortgage or financing statement of the proposed repair, the estimated cost of<br>repair, and the estimated value of the property in its repaired condition.35-13-02. Lien statement - Contents - When required - Filing.1.The secretary of state shall prescribe one form that can be used to obtain a lien<br>under this section and also be entered in the central indexing system. A person<br>entitled to a lien under this chapter who retains possession of the property made,<br>altered, or repaired is not required to file any statement to perfect the lien. If the<br>possession of the property so made, altered, or repaired is relinquished, the person<br>shall file, within ninety days, or if the property is used for agricultural purposes within<br>one hundred twenty days, or in the exploration for or the production of oil or gas<br>within six months, after the materials are furnished or the labor is completed, in the<br>office of the recorder of the county in which the owner or legal possessor of the<br>property resides, a verified written 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<br>price was agreed upon, the reasonable value thereof.d.The name of the person for whom the labor was performed or to whom the<br>materials were furnished.e.The social security number, if available, or, in the case of a debtor doing<br>business other than as an individual, the internal revenue service taxpayer<br>identification number, if available, of the person for whom the labor was<br>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 verified statement shall within thirty days serve notice of the filing,<br>by registered mail, upon the owner or legal possessor of the property. A person<br>entitled to the lien who fails to file a verified statement within the time limited in this<br>section is deemed to have waived the right to a lien.3.A lienholder may file an amendment to add or correct the social security number or<br>internal revenue service taxpayer identification number of the debtor, to correct the<br>spelling of the debtor's or lienholder's name, or to correct or change the address of<br>the lienholder. The secretary of state shall prescribe a form that may be used toPage No. 1amend the repairman's lien that has been filed pursuant to this section.Theamendment of the lien does not affect the priority of the lien.35-13-03.Separate articles of personal property may be included in one lienstatement. Any person entitled to a lien under this chapter who makes, alters, or repairs more<br>than one article of personal property for the same owner or legal possessor may include all the<br>articles of personal property so made, altered, or repaired within ninety days, or if the property is<br>used for agricultural purposes within one hundred twenty days, or in the exploration for or the<br>production of oil or gas within six months, preceding the filing of the lien statement in the same<br>statement, and the statement has the same force and effect as though a separate statement had<br>been filed for each article.35-13-04. Priority of lien. A lien obtained under this chapter has priority over all otherliens, chattel mortgages, or encumbrances against the personal property upon which the lien is<br>secured, but if the repairman has failed to notify the recordholder of the mortgage or financing<br>statement as provided in section 35-13-01, or if such notice was given and the holder of the<br>mortgage or financing statement, within five days after receiving such notice, communicated in<br>writing to the repairman an objection to all the proposed repair costs becoming a lien against the<br>property with priority over the mortgage or financing statement, then only that portion of the<br>repairman's lien up to one thousand dollars or twenty-five percent, or two thousand five hundred<br>dollars or twenty-five percent for property used for agricultural purposes, of the retail value,<br>whichever is greater, in its repaired condition, has priority over the mortgage or financing<br>statement.35-13-05. Notice before foreclosure to prior mortgagee. A person holding a lienunder this chapter on property which has been encumbered previously by mortgage, before<br>beginning any action or proceeding for the foreclosure of the lien, shall give twenty days' notice in<br>writing of the lienholder's intention to foreclose the lien to the recordholder of the mortgage. The<br>notice may be served by registered or certified mail addressed to the recordholder at the<br>recordholder's last-known post-office address.35-13-06. Mortgagee may pay amount of lien - Assignment of lien. The holder ofany mortgage against property on which a lien has been filed under the provisions of this chapter<br>may pay the amount due on the lien at any time previous to a sale upon the foreclosure thereof.<br>Upon payment of the lien by a mortgageholder, the holder of the lien shall assign it to such<br>mortgageholder, and thereafter the mortgageholder is entitled to all the rights which the person<br>filing the lien had before the lien was paid.Page No. 2Document Outlinechapter 35-13 repairman's lien

State Codes and Statutes

State Codes and Statutes

Statutes > North-dakota > T35 > T35c13

Download pdf
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CHAPTER 35-13REPAIRMAN'S LIEN35-13-01. Repairman's lien authorized. Any blacksmith, machinist, farm equipmentdealer, welder, garage keeper, mechanic, or aviation operator, having an established place of<br>business within this state who makes, alters, or repairs any automobile, truck, engine, combine,<br>tractor, farm equipment, well machine, aircraft, or watercraft at the request of the owner or legal<br>possessor of the property has a lien thereon, and on any accessories and parts placed upon the<br>property, for reasonable charges for work done and materials furnished, until the charges are<br>paid. If the cost of repair would exceed one thousand dollars or twenty-five percent or, two<br>thousand five hundred dollars or twenty-five percent for property used for agricultural purposes,<br>of the value of the property, in its repaired condition, whichever is greater, and the repairman<br>intends to have the entire repair bill constitute a lien with priority over the mortgage or financing<br>statement of record, the repairman shall give notice by registered or certified mail to the<br>recordholder of the mortgage or financing statement of the proposed repair, the estimated cost of<br>repair, and the estimated value of the property in its repaired condition.35-13-02. Lien statement - Contents - When required - Filing.1.The secretary of state shall prescribe one form that can be used to obtain a lien<br>under this section and also be entered in the central indexing system. A person<br>entitled to a lien under this chapter who retains possession of the property made,<br>altered, or repaired is not required to file any statement to perfect the lien. If the<br>possession of the property so made, altered, or repaired is relinquished, the person<br>shall file, within ninety days, or if the property is used for agricultural purposes within<br>one hundred twenty days, or in the exploration for or the production of oil or gas<br>within six months, after the materials are furnished or the labor is completed, in the<br>office of the recorder of the county in which the owner or legal possessor of the<br>property resides, a verified written 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<br>price was agreed upon, the reasonable value thereof.d.The name of the person for whom the labor was performed or to whom the<br>materials were furnished.e.The social security number, if available, or, in the case of a debtor doing<br>business other than as an individual, the internal revenue service taxpayer<br>identification number, if available, of the person for whom the labor was<br>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 verified statement shall within thirty days serve notice of the filing,<br>by registered mail, upon the owner or legal possessor of the property. A person<br>entitled to the lien who fails to file a verified statement within the time limited in this<br>section is deemed to have waived the right to a lien.3.A lienholder may file an amendment to add or correct the social security number or<br>internal revenue service taxpayer identification number of the debtor, to correct the<br>spelling of the debtor's or lienholder's name, or to correct or change the address of<br>the lienholder. The secretary of state shall prescribe a form that may be used toPage No. 1amend the repairman's lien that has been filed pursuant to this section.Theamendment of the lien does not affect the priority of the lien.35-13-03.Separate articles of personal property may be included in one lienstatement. Any person entitled to a lien under this chapter who makes, alters, or repairs more<br>than one article of personal property for the same owner or legal possessor may include all the<br>articles of personal property so made, altered, or repaired within ninety days, or if the property is<br>used for agricultural purposes within one hundred twenty days, or in the exploration for or the<br>production of oil or gas within six months, preceding the filing of the lien statement in the same<br>statement, and the statement has the same force and effect as though a separate statement had<br>been filed for each article.35-13-04. Priority of lien. A lien obtained under this chapter has priority over all otherliens, chattel mortgages, or encumbrances against the personal property upon which the lien is<br>secured, but if the repairman has failed to notify the recordholder of the mortgage or financing<br>statement as provided in section 35-13-01, or if such notice was given and the holder of the<br>mortgage or financing statement, within five days after receiving such notice, communicated in<br>writing to the repairman an objection to all the proposed repair costs becoming a lien against the<br>property with priority over the mortgage or financing statement, then only that portion of the<br>repairman's lien up to one thousand dollars or twenty-five percent, or two thousand five hundred<br>dollars or twenty-five percent for property used for agricultural purposes, of the retail value,<br>whichever is greater, in its repaired condition, has priority over the mortgage or financing<br>statement.35-13-05. Notice before foreclosure to prior mortgagee. A person holding a lienunder this chapter on property which has been encumbered previously by mortgage, before<br>beginning any action or proceeding for the foreclosure of the lien, shall give twenty days' notice in<br>writing of the lienholder's intention to foreclose the lien to the recordholder of the mortgage. The<br>notice may be served by registered or certified mail addressed to the recordholder at the<br>recordholder's last-known post-office address.35-13-06. Mortgagee may pay amount of lien - Assignment of lien. The holder ofany mortgage against property on which a lien has been filed under the provisions of this chapter<br>may pay the amount due on the lien at any time previous to a sale upon the foreclosure thereof.<br>Upon payment of the lien by a mortgageholder, the holder of the lien shall assign it to such<br>mortgageholder, and thereafter the mortgageholder is entitled to all the rights which the person<br>filing the lien had before the lien was paid.Page No. 2Document Outlinechapter 35-13 repairman's lien