35-34 Child Support Lien
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<![CDATA[CHAPTER 35-34CHILD SUPPORT LIEN35-34-01. 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 is listed on the arrearsregistry as defined in section 14-09-09.10, the child support agency may establish a lien on<br>personal property as provided in this chapter.Except for liens under section 35-34-05, theamount of a lien under this chapter includes any past-due support that is owed when the lien is<br>perfected and any past-due support that accrues after the lien is perfected.35-34-03. Vehicle lien.1.In the case of a vehicle, the child support agency may establish a lien by filing a<br>notice of lien with the director of the department of transportation. The notice must<br>be in a form prescribed by the director and contain a description of the vehicle, the<br>name and last-known address of the obligor, and any other information required by<br>the director. The notice of lien must state that the child support obligation is past<br>due and that a copy of the notice of lien has been served on the obligor by first-class<br>mail at the obligor's last-known address.2.Upon filing of the notice of lien in accordance with this section, the director shall<br>demand in writing the surrender of the certificate of title from the obligor or a superior<br>lienholder for the purpose of recording the lien on the certificate of title. Upon receipt<br>of the certificate of title, the director shall record the fact of the lien and the identity of<br>the lienholder on the certificate of title and deliver the certificate of title to the<br>vehicle's owner or, if a superior lienholder had possession of the certificate of title, to<br>that superior lienholder. If the obligor or superior lienholder fails to surrender the<br>certificate of title within fifteen days after the written demand by the director, the<br>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<br>responded to the demand for surrender of a title certificate, the child support agency<br>may obtain an order from a court of competent jurisdiction requiring the certificate of<br>title to be delivered to the court so that a lien may be properly recorded.4.No fee may be charged for services provided under this section.5.The director may determine a certificate of title to have been fraudulently procured if<br>endorsed by a previous owner who, at the time the endorsement was made:Page No. 1a.Was an obligor who owed past-due child support; andb.Had been served with a copy of a notice of lien filed under this section with<br>respect to the vehicle described on that certificate of title.6.A lien under this section is perfected when the lien is recorded on the certificate of<br>title.35-34-04. Vessel lien.1.In the case of a vessel, the child support agency may establish a lien by filing a<br>notice of lien with the secretary of state if the value of the vessel is estimated to be<br>at least twice the cost of establishing the lien. The notice must contain a description<br>of the make, model designation, and serial number of the vessel, including its<br>identification or registration number, if any, and the name, social security number,<br>and last-known address of the obligor. The notice of lien must state that the child<br>support obligation is past due and that a copy of the notice of lien has been served<br>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<br>must be indexed by the secretary of state in the central indexing system and may be<br>enforced and foreclosed in the same manner as a security agreement under the<br>provisions of title 41.3.The secretary of state shall remove and destroy the lien notification statement in the<br>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<br>of state.5.The child support agency may file an amendment to correct the social security<br>number of the obligor, to correct the spelling of the obligor's name, or to correct or<br>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<br>agency may establish a lien on the account by serving a notice of lien upon the<br>financial institution in the manner provided for service of a summons in a civil action<br>or in any other manner agreed to by the financial institution. The notice must be in a<br>form prescribed by the child support agency and contain the name, social security<br>number, or other taxpayer identification number and last-known address of the<br>obligor, the amount of past-due support for which a lien is claimed, and any other<br>information required by the child support agency. The notice of lien must state that<br>the child support obligation is past due and that a copy of the notice of lien has been<br>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<br>section, the lien attaches to accounts of the obligor maintained in the financial<br>institution and freezes all subsequent withdrawals from the account except for funds<br>in excess of the amount of past-due support for which a lien is claimed under this<br>section and as provided in subsection 3.3.Notwithstanding a freeze on an account under subsection 2, the financial institution<br>may satisfy any right of setoff which exists in connection with an account, payment<br>orders that were made by the obligor before the financial institution was served with<br>notice of lien, or other obligations of the obligor based upon written agreements or<br>instruments made or issued by the obligor before the financial institution was served<br>with notice of lien.Page No. 24.A lien under this section is perfected when the financial institution is served with<br>notice of the lien.35-34-06. Lien on other personal property.1.In the case of personal property that does not consist of a vehicle, a vessel, or an<br>account maintained in a financial institution, the child support agency may establish<br>a lien on such personal property by filing a notice of lien with the office of the<br>recorder in the county in which the personal property may be found, with the<br>secretary of state, or with a third party who is in possession of the personal property.<br>The notice must particularly describe the property to be subjected to the lien and the<br>name and last-known address of the obligor. The notice of lien must state that the<br>child support obligation is past due and that a copy of the notice of lien has been<br>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<br>must be included in the computerized central indexing system maintained by the<br>secretary of state under section 54-09-09 and must be accessible to the public on<br>the same terms and conditions that apply to access other statutory lien information<br>maintained in the computerized central indexing system.3.Upon filing of the notice of lien in accordance with this section, the lien attaches to<br>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 subordinateto any other lien except a lien that was perfected before the child support lien was perfected. The<br>child support agency may, upon request of the obligor, subordinate the child support lien.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<br>release of a lien arising under this chapter.35-34-09. Immunity from liability. A person in possession of, or obligated with respectto, property, who, upon demand of the child support agency, surrenders the property, complies<br>with section 35-34-12, or otherwise acts in good faith to comply with the requirements in this<br>chapter, is immune from suit or any liability under any federal or state law. The court shall award<br>reasonable attorney's fees and costs against any person who commences an action that is<br>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 orneglect to pay child support, the child support agency, in addition to any other relief, may file an<br>action in any court of competent jurisdiction to enforce a lien under this chapter. The filing of an<br>action does not preclude the child support agency from pursuit of any other means of<br>enforcement available under state or federal law.35-34-11. Persons aggrieved. Repealed by S.L. 2001, ch. 152, </p>
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