North Dakota Code 12.1-06.1-06 – Racketeering lien – Content – Filing – Notice – Effect
1. The state, upon filing a civil action under section 12.1-06.1-05 or upon charging an offense included in the definition of racketeering if the offense is committed as a part of a pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03, may file a racketeering lien. A filing fee or other charge is not required for filing a racketeering lien.
Terms Used In North Dakota Code 12.1-06.1-06
- action: means a bodily movement, whether voluntary or involuntary. See North Dakota Code 12.1-01-04
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Court: means any of the following courts: the supreme court, a district court, and where relevant, a municipal court. See North Dakota Code 12.1-01-04
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Offense: means conduct for which a term of imprisonment or a fine is authorized by statute after conviction. See North Dakota Code 12.1-01-04
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A racketeering lien shall be signed by the attorney general or the state’s attorney representing the state in the action and set forth the following information:
a. The name of the defendant whose property, interests in property, or other interests are to be subject to the lien.
b. In the discretion of the attorney general or state’s attorney filing the lien, any aliases or fictitious names of the defendant named in the lien.
c. If known to the attorney general or state’s attorney filing the lien, the present residence or principal place of business of the person named in the lien.
d. A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court’s file number for the proceeding.
e. The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed.
f. A statement that the notice is being filed pursuant to this section.
g. The amount which the state claims in the action or, with respect to property or other interests which the state has requested forfeiture to the state or county, a description of the property or interests sought to be paid or forfeited.
h. If known to the attorney general or state’s attorney filing the lien, a description of property which is subject to forfeiture to the state or property in which the defendant has an interest which is available to satisfy a judgment entered in favor of the state.
i. Such other information as the attorney general or state’s attorney filing the lien deems appropriate.
3. The attorney general or the state’s attorney filing the lien may amend a lien filed under this section at any time by filing an amended racketeering lien in accordance with this section which identifies the prior lien amended.
4. The attorney general or the state’s attorney filing the lien shall, as soon as practical after filing a racketeering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a racketeering lien filed in accordance with this section.
5. A racketeering lien is perfected against interests in personal property by filing the lien with the secretary of state, except that in the case of titled motor vehicles it shall be filed with the director of the department of transportation. A racketeering lien is perfected against interests in real property by filing the lien with the county recorder of the county in which the real property is located. The state may give additional notice of the lien.
6. The filing of a racketeering lien in accordance with this section creates a lien in favor of the state in:
a. Any interest of the defendant in real property situated in the county in which the lien is filed, then maintained or later acquired in the name of the defendant identified in the lien.
b. Any interest of the defendant in personal property situated in this state, then maintained or later acquired in the name of the defendant identified in the lien.
c. Any property identified in the lien to the extent of the defendant’s interest in the property.
7. The filing of a racketeering lien under this section is notice to all persons dealing with the person or property identified in the lien of the state’s claim. The lien created in favor of the state in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing:
a. A valid lien perfected prior to the filing of the racketeering lien.
b. In the case of real property, an interest acquired and recorded prior to the filing of the racketeering lien.
c. In the case of personal property, an interest acquired prior to the filing of the racketeering lien.
8. Upon entry of judgment in favor of the state, the state may proceed to execute the judgment as in the case of any other judgment, except that in order to preserve the state’s lien priority as provided in this section the state shall, in addition to notice as required by law, give at least thirty days’ notice of execution to any person possessing at the time notice is given, an interest recorded after the date the state’s lien was perfected.
9. Upon the entry of a final judgment in favor of the state providing for forfeiture of property to the state, the title of the state to the property:
a. In the case of real property, or a beneficial interest in real property, relates back to the date of filing the racketeering lien with the county recorder of the county where the real property is located, or if no racketeering lien is filed, then to the date of recording of the final judgment with the county recorder of the county where the real property is located.
b. In the case of personal property or a beneficial interest in personal property, relates back to the date the personal property was seized by the state, or the date of filing of a racketeering lien in accordance with this section, whichever is earlier, but if the property was not seized and no racketeering lien was filed then to the date the final judgment was filed with the secretary of state, or in the case of a titled motor vehicle, with the director of the department of transportation.
10. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under section 12.1-06.1-05 or available under other applicable law.