2013 North Dakota Century Code Title 35 Liens Chapter 35-34 Child Support Lien
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CHAPTER 35-34
CHILD SUPPORT LIEN
35-34-01. Definitions.
For purposes of this chapter:
1. "Account" has the meaning provided in section 50-09-01.
2. "Child support" has the meaning provided in section 14-09-09.10.
3. "Child support agency" has the meaning provided in section 14-09-09.10.
4. "Financial institution" has the meaning provided in section 50-09-01.
5. "Obligee" has the meaning provided in section 14-09-09.10.
6. "Obligor" has the meaning provided in section 14-09-09.10.
7. "Past-due support" has the meaning provided in section 14-09-09.10.
8. "Vehicle" has the meaning provided in section 39-01-01.
9. "Vessel" has the meaning provided in section 20.1-01-02.
35-34-02. Lien for past-due child support.
When an obligor owes past-due support, the child support agency may establish a lien on
property of the obligor as provided in this chapter. Except for liens under section 35-34-05, the
amount of a lien under this chapter includes any past-due support that is owed when the lien is
perfected and any past-due support that accrues after the lien is perfected.
35-34-02.1. Child support lien registry.
The child support agency shall create a child support lien registry using an interactive
website. The registry shall include a listing of any obligor who owes past-due support that is
being enforced by the child support enforcement agency, the obligor's date of birth, and the
amount of past-due support that is being enforced by the child support enforcement agency.
The lien registry website must be available to the public and support a search by last name of
the obligor and other information provided by the person using the website. Any real or titled
personal property, except the homestead or other property that is exempt under section
28-22-02, of an obligor who is listed on the lien registry or which the obligor thereafter acquires
in this state is subject to a lien. A lien under this section is perfected as of the date the lien is first
listed on the child support lien registry, but is not effective against a good-faith purchaser of titled
personal property unless the lien is recorded on that title. The child support agency must
subordinate its lien under this section upon request of a third party if:
1. The request is accompanied by documentation from the lien registry website showing
the child support lien balance as of the date the third party perfected its interest in the
property, to the extent that the current balance of the child support lien exceeds the
balance when the third party perfected its interest; or
2. The request is made within ninety days of the date the lien is first listed on the child
support lien registry and the third party proves that it attempted to perfect an interest in
the property prior to the creation of the child support lien.
35-34-03. Vehicle lien.
1. In the case of a vehicle, the child support agency may file a notice of lien with the
director of the department of transportation. The notice must be in a form prescribed
by the director and contain a description of the vehicle, the name and last-known
address of the obligor, and any other information required by the director. The notice of
lien must state that the child support obligation is past due and that a copy of the
notice of lien has been served on the obligor by first-class mail at the obligor's
last-known address.
2. Upon filing of the notice of lien in accordance with this section, the director shall
demand in writing the surrender of the certificate of title from the obligor or a superior
lienholder for the purpose of recording the lien on the certificate of title. Upon receipt of
the certificate of title, the director shall record the fact of the lien and the identity of the
lienholder on the certificate of title and deliver the certificate of title to the vehicle's
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owner or, if a superior lienholder had possession of the certificate of title, to that
superior lienholder. If the obligor or superior lienholder fails to surrender the certificate
of title within fifteen days after the written demand by the director, the director shall
notify the child support agency seeking the lien.
Upon receipt of notice from the director that the obligor or superior lienholder has not
responded to the demand for surrender of a title certificate, the child support agency
may obtain an order from a court of competent jurisdiction requiring the certificate of
title to be delivered to the court so that a lien may be properly recorded.
No fee may be charged by the director for services provided under this section.
The director may determine a certificate of title to have been fraudulently procured if
endorsed by a previous owner who, at the time the endorsement was made, was an
obligor who owed past-due child support.
35-34-04. (Effective through July 31, 2015, or see note) Vessel lien.
1. In the case of a vessel, the child support agency may file a notice of lien with the
secretary of state if the value of the vessel is estimated to be at least twice the cost of
establishing the lien. The notice must contain a description of the make, model
designation, and serial number of the vessel, including its identification or registration
number, if any, and the name and last-known address of the obligor. The notice of lien
must state that the child support obligation is past due and that a copy of the notice of
lien has been served on the obligor by first-class mail at the obligor's last-known
address.
2. Upon filing of the notice of lien in accordance with this section, the notice of lien must
be indexed by the secretary of state in the central indexing system and may be
enforced and foreclosed in the same manner as a security agreement under the
provisions of title 41.
3. The secretary of state shall remove and destroy the lien notification statement in the
same manner as provided for other liens in section 11-18-14 for the recorder.
4. The child support agency may file an amendment to correct the spelling of the obligor's
name or to correct or change the address of the obligor.
(Effective after July 31, 2015, or see note) Vessel lien.
1. In the case of a vessel, the child support agency may file electronically a notice of lien
in the central indexing system if the value of the vessel is estimated to be at least twice
the cost of establishing the lien. The notice must contain a description of the make,
model designation, and serial number of the vessel, including its identification or
registration number, if any, and the name, social security number, and last-known
address of the obligor. The notice of lien must state that the child support obligation is
past due and that a copy of the notice of lien has been served on the obligor by
first-class mail at the obligor's last-known address.
2. Upon filing of the notice of lien in accordance with this section, the notice of lien must
be indexed in the central indexing system and may be enforced and foreclosed in the
same manner as a security agreement under the provisions of title 41.
3. The secretary of state shall remove and destroy the lien notification statement in the
same manner as provided for other liens in section 11-18-14 for the recorder.
4. The child support agency may file electronically an amendment to correct the spelling
of the obligor's name, to correct the obligor's social security number, or to correct or
change the address of the obligor.
35-34-05. Account lien.
1. In the case of an account maintained in a financial institution, the child support agency
may establish a lien on the account by serving a notice of lien upon the financial
institution in the manner provided for service of a summons in a civil action or in any
other manner agreed to by the financial institution. The notice must be in a form
prescribed by the child support agency and contain the name, social security number,
or other taxpayer identification number and last-known address of the obligor, the
amount of past-due support for which a lien is claimed, and any other information
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required by the child support agency. The notice of lien must state that the child
support obligation is past due and that a copy of the notice of lien has been served on
the obligor by first-class mail at the obligor's last-known address.
Upon service of the notice of lien on a financial institution in accordance with this
section, the lien attaches to accounts of the obligor maintained in the financial
institution and freezes all subsequent withdrawals from the account except for funds in
excess of the amount of past-due support for which a lien is claimed under this section
and as provided in subsection 3.
Notwithstanding a freeze on an account under subsection 2, the financial institution
may satisfy any right of setoff which exists in connection with an account, payment
orders that were made by the obligor before the financial institution was served with
notice of lien, or other obligations of the obligor based upon written agreements or
instruments made or issued by the obligor before the financial institution was served
with notice of lien.
A lien under this section is perfected when the financial institution is served with notice
of the lien.
35-34-06. (Effective through July 31, 2015, or see note) Lien on other personal
property.
1. In the case of untitled personal property other than an account maintained in a
financial institution, the child support agency may establish a lien on such personal
property by filing a notice of lien with the office of the recorder in the county in which
the personal property may be found, with the secretary of state, or with a third party
who is in possession of the personal property. The notice must particularly describe
the property to be subjected to the lien and the name and last-known address of the
obligor. The notice of lien must state that the child support obligation is past due and
that a copy of the notice of lien has been served on the obligor by first-class mail at the
obligor's last-known address.
2. The information filed with a recorder or with the secretary of state under this section
must be included in the computerized central indexing system maintained by the
secretary of state under section 54-09-09 and must be accessible to the public on the
same terms and conditions that apply to access other statutory lien information
maintained in the computerized central indexing system.
3. Upon filing of the notice of lien in accordance with this section, the lien attaches to and
is perfected against all personal property described in the notice.
(Effective after July 31, 2015, or see note) Lien on other personal property.
1. In the case of untitled personal property other than an account maintained in a
financial institution, the child support agency may establish a lien on such personal
property by filing electronically a notice of lien in the central indexing system or with a
third party who is in possession of the personal property. The notice must particularly
describe the property to be subjected to the lien and the name and last-known address
of the obligor. The notice of lien must state that the child support obligation is past due
and that a copy of the notice of lien has been served on the obligor by first-class mail
at the obligor's last-known address.
2. The information filed under this section must be included in the computerized central
indexing system maintained by the secretary of state under section 54-09-09 and must
be accessible to the public on the same terms and conditions that apply to access
other statutory lien information maintained in the computerized central indexing
system.
3. Upon filing of the notice of lien in accordance with this section, the lien attaches to and
is perfected against all personal property described in the notice.
35-34-07. Priority of liens.
A lien perfected under this chapter may not be subordinate to any other lien except a lien
that was perfected before the child support lien was perfected. The child support agency may,
upon request of the obligor, subordinate the child support lien.
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35-34-08. Satisfaction of lien.
Upon payment of all past-due child support obligations, the child support agency shall
provide, within a reasonable time, an appropriate satisfaction or release of a lien arising under
this chapter.
35-34-09. Immunity from liability.
A person in possession of, or obligated with respect to, property, who, upon demand of the
child support agency, surrenders the property, complies with section 35-34-12, or otherwise acts
in good faith to comply with the requirements in this chapter, discharges its obligation to the
obligor with regard to the property and is immune from suit or any liability under any federal or
state law. The court shall award reasonable attorney's fees and costs against any person who
commences an action that is subsequently dismissed by reason of the immunity granted by this
section.
35-34-10. Action to enforce lien.
In any case in which there has been a refusal or neglect to pay child support, the child
support agency, in addition to any other relief, may enforce a lien arising under this chapter by
demanding in writing the surrender of the property, issuing an execution under chapter 28-21, or
serving a deduction order under section 50-09-35. The child support agency also may file an
action in any court of competent jurisdiction to enforce a lien under this chapter. The filing of an
action does not preclude the child support agency from pursuit of any other means of
enforcement available under state or federal law. A person in possession of, or obligated with
respect to, property that is subject to a lien under this chapter is subject to the same duties and
liabilities as an income payer under section 14-09-09.3 unless the context indicates otherwise.
35-34-11. Persons aggrieved.
Repealed by S.L. 2001, ch. 152, ยง 10.
35-34-12. Full faith and credit.
A lien arising in another state, under a law of that state implementing the provisions of
42 U.S.C. 666(a)(4)(A), is entitled to full faith and credit when the party seeking to enforce that
lien records or serves the lien documents in the manner provided under this code. No judicial
notice or hearing is required prior to recording or service of the lien documents.
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