North Dakota Code § 35-34-05

Account lien
Open in Lexace · Ask the AI about this section
1. In the case of an account maintained in a financial institution, the child support agency 
may establish a lien on the account by serving a notice of lien upon the financial 
institution in the manner provided for service of a summons in a civil action or in any 
other manner agreed to by the financial institution. The notice must be in a form 
prescribed by the child support agency and contain the name, social security number, 
or other taxpayer identification number and last -known address of the obligor, the 
amount of past -due support for which a lien is claimed, and any other information 
required by the child support agency. The notice of lien must state that the child 
support obligation is past due and that a copy of the notice of lien has been served on 
the obligor by first-class mail at the obligor's last-known address.
2. Upon service of the notice of lien on a financial institution in accordance with this 
section, the lien attaches to accounts of the obligor maintained in the financial 
institution and freezes all subsequent withdrawals from the account except for funds in 
excess of the amount of past-due support for which a lien is claimed under this section 
and as provided in subsection 3.
3. Notwithstanding a freeze on an account under subsection 2, the financial institution 
may satisfy any right of setoff which exists in connection with an account, payment 
orders that were made by the obligor before the financial institution was served with 
notice of lien, or other obligations of the obligor based upon written agreements or 
instruments made or issued by the obligor before the financial institution was served 
with notice of lien.

4. A lien under this section is perfected when the financial institution is served with notice 
of the lien.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.