45-1702 NO DUTY TO ACCEPT NONCONSENSUAL COMMON LAW LIENS -- NOTICE OF INVALID LIEN.
LIENS, MORTGAGES AND PLEDGES
CHAPTER 17
NONCONSENSUAL COMMON LAW LIENS
45-1702. No duty to accept nonconsensual common law liens -- Notice of invalid lien. (1) No person has a duty to accept for filing or recording any claim of nonconsensual common law lien unless the lien is authorized by contract, lease, statute or imposed by a court having jurisdiction over property affected by the lien, nor does any person have a duty to reject for filing or recording any claim of lien, except as provided in subsection (2) of this section.
(2) No person shall be obligated to accept for filing any claim of nonconsensual common law lien against a federal, state, or local official or employee based on the performance or nonperformance of that official’s or employee’s duties unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of such lien.
(3) If a claim of lien as described in subsection (2) of this section has been accepted for filing, the recording officer shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee; the deputy attorney general representing the state agency, board, commission, department, or institution of higher education of which the individual is an official or employee; or the attorney representing the school district, political subdivision, or unit of local government of this state of which the individual is an official or employee. A copy of the notice of invalid lien shall be mailed by the attorney to the person who filed the claim of lien at his or her last known address. No recording officer or county shall be liable for the acceptance for filing of a claim of lien as described in subsection (2) of this section, nor for the acceptance for filing of a notice of invalid lien pursuant to this subsection.