North Dakota Code 51-04-07 – Service of process – Appointment of agent
1. A transient merchant may not engage in any temporary business, or be licensed by any city, without first having complied with this section.
Terms Used In North Dakota Code 51-04-07
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. Prior to the issuance of a transient merchant license and approval of the transient merchant’s bond, the applicant shall in writing appoint the attorney general as the applicant’s agent to accept service of process in any action or proceeding involving the applicant and arising out of the sale for which the license is sought.
3. Each transient merchant required by the attorney general to do so shall appoint an agent in this state who is a resident of this state. The agent shall accept service of process on behalf of the transient merchant in any suit filed against the transient merchant and the agent is responsible for processing any warranty, claim, or merchandise sold by the transient merchant.
4. The name and street address of the agent must be filed with the attorney general’s office. In addition, the name and address of the agent must be furnished in writing to each person purchasing an item from the transient merchant along with a written statement that the agent is the proper person to accept service of process in any suit filed against the vendor and is the proper person to process any warranty claim.