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North Dakota

North Dakota Liens for the Care of Horses.

NORTH DAKOTA CENTURY CODE
TITLE 35. LIENS
CHAPTER 35-17. AGISTER'S LIEN

35-17-01 Agister's lien authorized.

Any person to whom any animal is entrusted by the owner thereof for the purpose of feeding, herding, pasturing, or ranching has a lien upon the animals for the amount that may be due for feeding, herding, pasturing, or ranching, and is authorized to retain possession of the animal until the amount is paid. This section does not apply to stolen stock.

35-17-02 Priority of agister's lien -- Notice to holders of prior liens.

An agister's lien has priority over all other liens on the property for ten days after the receipt thereof, and thereafter has priority over all other liens on the property if the person to whom the property is entrusted as provided in this chapter, within such ten days, serves written notice upon the holders of prior liens that the property has been entrusted for one or more of the purposes mentioned in section 35-17-01, specifies which purpose, and the name of the person entrusting the property therefor. If the residence of the holder of the lien is unknown, or if he is not a resident of this state, the notice may be served by publication thereof in one issue of a newspaper published in the county in which the property is being kept.

35-17-03 Agister's lien by filing -- Priority of lien.

In addition to sections 35-17-01 and 35-17-02, any person to whom any animal is entrusted by the owner for the purpose of feeding, herding, pasturing, or ranching, upon filing the statement prescribed in section 35-17- 04, is entitled to a lien upon the animal for the amount that may be due for feeding, herding, pasturing, or ranching, effective from the date the person entitled to the lien comes into possession of the animal. A lien taken pursuant to this section upon anything other than the animal is void. An agister's lien has priority, as to the animals covered by the lien, over all other liens or encumbrances, except agricultural processors' or agricultural suppliers' liens. This section does not apply to stolen stock.

35-17-04 Procedure to obtain lien -- Statement filed -- Contents -- Waiver.

Any person entitled to an agister's lien, within ninety days after taking possession of the animal, may file in the office of the recorder in any county in this state or in the office of the secretary of state, a verified statement containing the following information:

1. The number of and a description of the animals subject to the lien and the legal description as to the location of the animals.

2. The name and address of the person for whom the animals are kept.

3. The name and address of the lienholder.

4. The price agreed upon for keeping the animals and, if no price was agreed upon, the reasonable value of the services.

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 for whom the animals are kept.
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. If the statement is not filed within ninety days as required by this section, the person entitled to the lien under section 35-17-03 waives the lien.

35-17-06 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 recorder.

35-17-07 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 agister's lien that has been filed pursuant to section 35-17-04. The amendment or assignment of a lien does not affect the priority of the lien.

35-17-08 Fees -- Penalty.

The fee for filing an agister's lien with the secretary of state or the county recorder is ten 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 agister's lien is ten dollars. If a lienholder fails to file a termination statement within sixty days after the lien is satisfied, the lienholder is liable to the debtor for one hundred dollars.

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.



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