North Dakota Code 41-10-03 – Civil penalty
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:
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.