1.    The following persons may bring an action to enjoin violation of this chapter or to recover civil damages under this chapter:

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Terms Used In North Dakota Code 41-10-04

  • 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
  • filing officer: refers to the central indexing system, which must be provided by the secretary of state, where a financing statement record is to be filed electronically as provided by section 41-09-72. See North Dakota Code 41-10-01
  • 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
  • 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
  • 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

a.    The natural person whose name was provided as an individual debtor in the financing statement record filed without that person’s authorization under section 41-09-80, any person who owns an interest in the collateral described or indicated in the financing statement record, or any person directly harmed by the filing of the financing statement record; b.    The attorney general; c.    A state‘s attorney; d.    A municipal attorney; and

e.    A person who has been damaged as a result of an action taken in reliance on the filed financing statement record.

2.    A filing officer may refer a matter to the attorney general or other appropriate person for filing the legal action under this chapter.