N.D. Cent. Code § 35-30-02

Current through 2024 Legislative Session

Section 35-30-02 - Procedure to obtain lien

1. To obtain an agricultural processor's lien, the person entitled to the lien, within ninety days after the processing is completed, shall file electronically a statement in the central indexing system. The statement must contain the following information:

a. The name and address of the person for whom the processing was done.

b. The name and address of the processor.

c. A description of the crops or agricultural products and their amount, if known, subject to the lien together with a reasonable description, including the county as to the location where the crops or agricultural products were grown and the year the crop is to be harvested or was harvested.

d. The price agreed upon for processing, or if no price was agreed upon, the reasonable value of the processing.

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 processing was done.

f. A description of the processing services and the first date the services were furnished.

2. 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 processor's lien is filed, a billing statement for the services performed must include notice to the agricultural producer that if the amount due to the agricultural processor is not satisfied a lien may be filed.

N.D.C.C. § 35-30-02

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

Amended by S.L. 2013, ch. 257 (HB 1136),§ 12, 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),§ 3, eff. 8/1/2011.