43-07-19. Nonresident contractors - Agent for service of process.
306 words·~1 min read·
/nd/title-43/chapter-43-07-contractors/43-07-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Every applicant for a contractor's license who is not a resident of the state of North Dakota, by signing and filing the application, appoints the registrar as the applicant's true and lawful agent upon whom may be served all lawful process in any action or proceeding against such nonresident contractor. The appointment in writing is evidence of the contractor's consent that any process against the contractor which is so served upon the registrar is of the same legal force and effect as if served upon the contractor personally within this state.
Registered foreign corporations entitled to do business in this state according to chapter 10-19.1, registered foreign limited liability companies entitled to do business in the state according to chapter 10-32.1, foreign limited liability partnerships entitled to do business in the state according to chapter 45-22, and foreign limited partnerships entitled to do business in the state according to chapter 45-10.2 and having a current registered agent and registered address on file in the registrar's office do not need to appoint the registrar as agent for service of process under this section.
Within ten days after service of the summons upon the registrar, notice of the service with the summons and complaint in the action must be sent to the defendant contractor at the defendant contractor's last-known address by registered mail with return receipt requested and proof of the mailing must be attached to the summons. The registrar shall keep a record of all process served upon the registrar under this section, showing the day and hour of service. If service of process was made under this section, the court, before entering a default judgment, or at any stage of the proceeding, may order the continuance as may be necessary to afford the defendant contractor reasonable opportunity to defend any action pending against the defendant contractor.