A lien obtained under this chapter has priority over all other liens, chattel mortgages, or encumbrances against the personal property upon which the lien is secured, but if the repairman has failed to notify the lienholder of record as provided in section 35-13-01, or if such notice was given and the lienholder of record, within five days after receiving such notice, communicated in writing to the repairman an objection to all the proposed repair costs becoming a lien against the property with priority over the existing liens of record, then only that portion of the repairman’s lien up to six thousand dollars or thirty percent, or fifteen thousand dollars or thirty percent for property used for agricultural or construction purposes, of the retail value, whichever is greater, in the property’s repaired condition, has priority over the existing lien of record.

Terms Used In North Dakota Code 35-13-04

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49