2013 North Dakota Century Code Title 35 Liens Chapter 35-17 Agister's Lien
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CHAPTER 35-17
AGISTER'S LIEN
35-17-01. Agister's lien authorized.
Any person to whom any animal is entrusted by the owner thereof for the purpose of
feeding, herding, pasturing, or ranching has a lien upon the animals for the amount that may be
due for feeding, herding, pasturing, or ranching, and is authorized to retain possession of the
animal until the amount is paid. This section does not apply to stolen stock.
35-17-02. Priority of agister's lien - Notice to holders of prior liens.
An agister's lien has priority over all other liens on the property for ten days after the receipt
thereof, and thereafter has priority over all other liens on the property if the person to whom the
property is entrusted as provided in this chapter, within such ten days, serves written notice
upon the holders of prior liens that the property has been entrusted for one or more of the
purposes mentioned in section 35-17-01, specifies which purpose, and the name of the person
entrusting the property therefor. If the residence of the holder of the lien is unknown, or if the
holder is not a resident of this state, the notice may be served by publication thereof in one
issue of a newspaper published in the county in which the property is being kept.
35-17-03. Agister's lien by filing - Priority of lien.
In addition to sections 35-17-01 and 35-17-02, any person to whom any animal is entrusted
by the owner for the purpose of feeding, herding, pasturing, or ranching, upon filing the
statement prescribed in section 35-17-04, is entitled to a lien upon the animal for the amount
that may be due for feeding, herding, pasturing, or ranching, effective from the date the person
entitled to the lien comes into possession of the animal. A lien taken pursuant to this section
upon anything other than the animal is void. An agister's lien has priority, as to the animals
covered by the lien, over all other liens or encumbrances, except agricultural processors' or
agricultural suppliers' liens. This section does not apply to stolen stock.
35-17-04. (Effective through July 31, 2015, or see note) Procedure to obtain lien Statement filed - Contents - Waiver.
Any person entitled to an agister's lien, within ninety days after taking possession of the
animal, may file in the office of the recorder in any county in this state or in the office of the
secretary of state, a statement signed by the filer containing the following information:
1. The number of and a description of the animals subject to the lien and the legal
description as to the location of the animals.
2. The name and address of the person for whom the animals are kept.
3. The name and address of the lienholder.
4. The price agreed upon for keeping the animals and, if no price was agreed upon, the
reasonable value of the services.
5. 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 animals are kept.
The secretary of state shall prescribe one form that can be used to obtain a lien under this
section or gain protection under the central notice system, or both. If the statement is not filed
within ninety days as required by this section, the person entitled to the lien under section
35-17-03 waives the lien.
(Effective after July 31, 2015, or see note) Procedure to obtain lien - Statement filed Contents - Waiver. Any person entitled to an agister's lien, within ninety days after taking
possession of the animal, may file electronically in the central indexing system, a statement
containing the following information:
1. The number of and a description of the animals subject to the lien and the legal
description as to the location of the animals.
2. The name and address of the person for whom the animals are kept.
3. The name and address of the lienholder.
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4.
The price agreed upon for keeping the animals and, if no price was agreed upon, the
reasonable value of the services.
5. 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 animals are kept.
The secretary of state shall provide a means to obtain electronically a lien under this section or
gain protection under the central notice system, or both. If the statement is not filed within ninety
days as required by this section, the person entitled to the lien under section 35-17-03 waives
the lien.
35-17-05. Information to be filed by a lienholder with the secretary of state.
Repealed by S.L. 1991, ch. 449, ยง 21.
35-17-06. Secretary of state to remove and destroy certain documents.
The secretary of state shall remove and destroy liens filed in the secretary of state's office
pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.
35-17-07. (Effective through July 31, 2015, or see note) Amendment of lien.
A lienholder may file an amendment to correct the social security 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 debtor or lienholder. The secretary of state
shall prescribe a form that may be used to amend or assign the agister's lien that has been filed
pursuant to section 35-17-04. The amendment or assignment of a lien does not affect the
priority of the lien.
(Effective after July 31, 2015, or see note) Amendment of lien. A lienholder may file
electronically an amendment to correct the social security 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 debtor or lienholder. The secretary of state shall provide
a means to electronically amend or assign the agister's lien that has been filed pursuant to
section 35-17-04. The amendment or assignment of a lien does not affect the priority of the lien.
35-17-08. (Effective through July 31, 2015, or see note) Fees - Penalty.
The fee for filing an agister's lien and related documents with the secretary of state or the
county recorder is the same as that provided for in section 41-09-96. If a lienholder fails to file a
termination statement within sixty days after the lien has been satisfied, the lienholder is liable to
the debtor for one hundred dollars.
(Effective after July 31, 2015, or see note) Fees - Penalty. The fee for filing electronically
an agister's lien and related documents in the central notice system is the same as that
provided for in section 41-09-96. If a lienholder fails to file electronically a termination statement
within sixty days after the lien has been satisfied, the lienholder is liable to the debtor for one
hundred dollars.
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