North Dakota Code 4.1-58-48 – Notice to receiptholders and credit-sale contract claimants
1. Upon the commissioner‘s appointment, the commissioner may take possession of relevant books and records of the warehouseman.
Terms Used In North Dakota Code 4.1-58-48
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
2. The commissioner shall cause a notice of the commissioner’s appointment to be published once each week for two consecutive weeks in a newspaper in the county in which the warehouse is located and may notify by ordinary mail the holders of record of outstanding receipts and those that are potential credit-sale contract claimants, as shown by the warehouseman’s records.
3. The notices must require outstanding receiptholders and credit-sale contract claimants to file claims against the warehouseman with the commissioner along with the receipts, contracts, or any other evidence of the claims as required by the commissioner.
4. If an outstanding receiptholder or credit-sale contract claimant fails to submit a claim within forty-five days after the last publication of the notice or a longer time as prescribed by the commissioner, the commissioner is relieved of further duty or action under this chapter on behalf of the receiptholder or credit-sale contract claimant and the receiptholder or credit-sale contract claimant may be barred from payment for any amount due.
5. Outstanding receiptholders and credit-sale contract claimants are not parties to the insolvency action unless admitted by the court upon a motion for intervention.