North Dakota Code 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:
Terms Used In North Dakota Code 35-30-02
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
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.