In the absence of an express provision to the contrary, an offer of performance may be made at the option of the debtor:

Terms Used In North Dakota Code 9-12-11

  • 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

1.    At any place appointed by the creditor; 2.    Wherever the person to whom the offer ought to be made can be found; or

3.    If such person cannot with reasonable diligence be found within this state and within a reasonable distance from that person’s residence or place of business, or if that person evades the debtor, at that person’s residence or place of business if the same with reasonable diligence can be found within the state, or if this cannot be done, then at any place within this state.