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NORTH DAKOTA STATUTES AND CODES

35-20 Miscellaneous Liens

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CHAPTER 35-20MISCELLANEOUS LIENS35-20-01. Vendor's lien on real property for purchase price authorized. One whosells real property has a special or vendor's lien thereon, independent of possession, for so much
of the price as remains unpaid and unsecured otherwise than by the personal obligation of the
buyer.35-20-02.Vendor's lien waived by transfer of written contract for payment -Exception. When a buyer of real property gives to the seller a written contract for payment of all
or part of the price, an absolute transfer of the contract by the seller waives the seller's lien to the
extent of the sum payable under the contract, but a transfer of the contract in trust to pay debts
and return the surplus is not a waiver of the lien.35-20-03. Purchaser's lien on real property for purchase price. One who pays to theowner any part of the price of real property under an agreement for the sale thereof has a special
lien upon the property, independent of possession, for such part of the amount paid as the
person may be entitled to recover in case of a failure of consideration.35-20-04. Vendor's and purchaser's liens on realty subject to rights of subsequentpurchaser. The liens defined in sections 35-20-01 and 35-20-03 are subject to the rights of
subsequent creditors without notice and of purchasers or encumbrancers in good faith and for
value.35-20-05. Vendor's lien on personalty - Dependent on possession - Enforced aspledge. One who sells personal property has a special lien thereon, dependent on possession,
for its price, if it is in that person's possession when the price becomes payable, and may enforce
that person's lien in like manner as if the property was pledged to that person for the price.35-20-06.Factor's lien - Dependent on possession.A factor has a general lien,dependent on possession, for all that is due to that person as a factor upon all articles of
commercial value that are entrusted to that person by the same principal.35-20-07.Officer's lien in attachment or execution.An officer who levies anattachment or execution upon personal property acquires a special lien, dependent on
possession, upon the property, which authorizes the officer to hold it until the process is
discharged or satisfied or a judicial sale of the property is had.35-20-08. Attorney's lien - On money - Against a judgment. An attorney has a lien fora general balance of compensation in and for each case upon:1.Money in the attorney's hands belonging to the attorney's client in the case.2.Money due the attorney's client in the hands of the adverse party, or attorney of such
party, in an action or proceeding in which the attorney claiming the lien was
employed, from the time of giving notice in writing to the adverse party, or the
attorney of such party if the money is in the possession or under the control of such
attorney, which notice must state the amount claimed and in general terms for what
services. After judgment in any court of record, the notice may be given and the lien
made effective against the judgment debtor by entering the same in the judgment
docket opposite the entry of the judgment.35-20-09.Release of attorney's lien by undertaking.Any interested person mayrelease an attorney's lien by executing an undertaking in an amount double the amount claimed,
or in such other amount as may be fixed by a judge of the district court of the county in which the
lien is filed or in which the subject of the lien is held. The undertaking must be conditioned to pay
to the attorney the amount finally due the attorney for the attorney's services, which amount may
be ascertained by suit on the undertaking. The undertaking must be filed after approval by thePage No. 1clerk of court of the county. Any interested person may make written demand upon the holder of
an attorney's lien for a bill of particulars of the services and amount claimed for each item or
upon each written contract with the person for whom the services were rendered, and thereupon,
unless such bill of particulars is furnished within ten days after service of the demand, the lien
must be released.35-20-10. Lien for federal taxes - Notice. Repealed by S.L. 1987, ch. 73,

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