1.    A person shall not knowingly cause to be presented for filing in a filing office or promote the filing of a financing statement record in a filing office that the person knows:

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Terms Used In North Dakota Code 41-10-03

  • Authorized: when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in sections 41-09-80 and 41-09-130. See North Dakota Code 41-10-01
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means a natural person whose name was provided in a financing statement record as an individual debtor or one of the types of persons listed in section 41-09-76. See North Dakota Code 41-10-01
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    Not to be authorized under section 41-09-80 or 41-09-130 by the natural person whose name was provided as an individual debtor in the financing statement record; and

b.    Was filed or presented for filing with the intent that:

(1) The financing statement record be used to harass or hinder the natural person whose name was provided as an individual debtor in the financing statement record without that person’s authorization; or

(2) The financing statement record be used to defraud any person.

2.    A person who violates subsection 1 is liable to each such debtor for:

a.    The greater of ten thousand dollars or the actual damages caused by the violation; b.    Court costs; c.    Reasonable attorney’s fees; d.    Related expenses of bringing the action, including investigative expenses; and e.    Exemplary damages in the amount determined by the court.