2012 North Dakota Century Code Title 35 Liens Chapter 35-13 Repairman's Lien
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CHAPTER 35-13
REPAIRMAN'S LIEN
35-13-01. Repairman's lien authorized.
Any blacksmith, machinist, farm equipment dealer, welder, garage keeper, mechanic, or
aviation operator, having an established place of business within this state who makes, alters, or
repairs any automobile, truck, engine, combine, tractor, farm equipment, well machine, aircraft,
or watercraft at the request of the owner or legal possessor of the property has a lien thereon,
and on any accessories and parts placed upon the property, for reasonable charges for work
done and materials furnished, until the charges are paid. If the cost of repair would exceed one
thousand dollars or twenty-five percent or, two thousand five hundred dollars or twenty-five
percent for property used for agricultural purposes, of the value of the property, in its repaired
condition, whichever is greater, and the repairman intends to have the entire repair bill constitute
a lien with priority over the mortgage or financing statement of record, the repairman shall give
notice by registered or certified mail to the recordholder of the mortgage or financing statement
of the proposed repair, the estimated cost of repair, and the estimated value of the property in its
repaired condition.
35-13-02. Lien statement - Contents - When required - Filing.
1. The secretary of state shall prescribe one form that can be used to obtain a lien under
this section and also be entered in the central indexing system. A person entitled to a
lien under this chapter who retains possession of the property made, altered, or
repaired is not required to file any statement to perfect the lien. If the possession of the
property so made, altered, or repaired is relinquished, the person shall file, within
ninety days, or if the property is used for agricultural purposes within one hundred
twenty days, or in the exploration for or the production of oil or gas within six months,
after the materials are furnished or the labor is completed, in the office of the recorder
of the county in which the owner or legal possessor of the property resides, a verified
written statement showing:
a. The labor performed.
b. The materials furnished.
c. The price agreed upon for the labor performed or materials furnished, or, if no
price was agreed upon, the reasonable value thereof.
d. The name of the person for whom the labor was performed or to whom the
materials were furnished.
e. The social security number, if available, or, in the case of a debtor doing business
other than as an individual, the internal revenue service taxpayer identification
number, if available, of the person for whom the labor was performed or to whom
the materials were furnished.
f. The name and address of the person claiming the lien.
g. A description of the property upon which the lien is claimed.
2. A person filing a verified statement shall within thirty days serve notice of the filing, by
registered mail, upon the owner or legal possessor of the property. A person entitled to
the lien who fails to file a verified statement within the time limited in this section is
deemed to have waived the right to a lien.
3. A lienholder may file an amendment to add or correct the social security number 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
lienholder. The secretary of state shall prescribe a form that may be used to amend the
repairman's lien that has been filed pursuant to this section. The amendment of the
lien does not affect the priority of the lien.
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35-13-03. Separate articles of personal property may be included in one lien
statement.
Any person entitled to a lien under this chapter who makes, alters, or repairs more than one
article of personal property for the same owner or legal possessor may include all the articles of
personal property so made, altered, or repaired within ninety days, or if the property is used for
agricultural purposes within one hundred twenty days, or in the exploration for or the production
of oil or gas within six months, preceding the filing of the lien statement in the same statement,
and the statement has the same force and effect as though a separate statement had been filed
for each article.
35-13-04. Priority of lien.
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 recordholder of the mortgage or financing statement as
provided in section 35-13-01, or if such notice was given and the holder of the mortgage or
financing statement, 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 mortgage or financing statement, then only that portion of the repairman's
lien up to one thousand dollars or twenty-five percent, or two thousand five hundred dollars or
twenty-five percent for property used for agricultural purposes, of the retail value, whichever is
greater, in its repaired condition, has priority over the mortgage or financing statement.
35-13-05. Notice before foreclosure to prior mortgagee.
A person holding a lien under this chapter on property which has been encumbered
previously by mortgage, before beginning any action or proceeding for the foreclosure of the
lien, shall give twenty days' notice in writing of the lienholder's intention to foreclose the lien to
the recordholder of the mortgage. The notice may be served by registered or certified mail
addressed to the recordholder at the recordholder's last-known post-office address.
35-13-06. Mortgagee may pay amount of lien - Assignment of lien.
The holder of any mortgage against property on which a lien has been filed under the
provisions of this chapter may pay the amount due on the lien at any time previous to a sale
upon the foreclosure thereof. Upon payment of the lien by a mortgageholder, the holder of the
lien shall assign it to such mortgageholder, and thereafter the mortgageholder is entitled to all
the rights which the person filing the lien had before the lien was paid.
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