35-34-03. Vehicle lien.
893 words·~4 min read·
/nd/title-35/chapter-35-34-child-support-lien/35-34-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
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. 3. 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. 4. No fee may be charged by the director for services provided under this section. 5. 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. Vessel lien. 1. In the case of a vessel, the child support agency may establish a lien by filing
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. A lien under this section is perfected when notice of the lien is filed with the secretary
of state. 5. 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
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. 2. 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. 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.
4. A lien under this section is perfected when the financial institution is served with notice
of the lien.