35-32 Aircraft Repair and Maintenance Lien
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<![CDATA[CHAPTER 35-32AIRCRAFT REPAIR AND MAINTENANCE LIEN35-32-01. Aircraft repair and maintenance lien authorized. Any person who repairsor performs maintenance work on an aircraft has a lien on the aircraft for:1.The amount due under a contract for the repairs or maintenance work; or2.If no amount is specified by contract, the reasonable and usual compensation for the<br>repairs or maintenance work.35-32-02. Possession of aircraft.1.A holder of a lien under this chapter may retain possession of the aircraft subject to<br>the lien until the amount due is paid.2.Except as provided in subsection 3, if the holder of a lien under this chapter<br>relinquishes possession of the aircraft before the amount due is paid, that person<br>may retake possession of the aircraft as provided by section 41-09-106.3.The holder of a lien under this chapter may not retake possession of the aircraft from<br>a bona fide purchaser for value who, before the date the lien is recorded under<br>section 35-32-03, purchases the aircraft without knowledge of the lien.35-32-03. Recording of lien. The holder of a lien under this chapter may record the lienon the aircraft by filing with the federal aviation administration aircraft registry not later than the<br>ninetieth day after the date of performance of the last repair or maintenance a verified document<br>in the form and manner required by applicable federal laws and regulations. The document must<br>include:1.The name, address, and telephone number of the holder of the lien under this<br>chapter.2.The amount due for repairs or maintenance.3.A complete description of the aircraft.4.The name and address of the owner of the aircraft and the number assigned the<br>aircraft by the federal aviation administration, if known.35-32-04. Notice to owner and lienholders.1.The holder of a lien under this chapter who retains possession of the aircraft shall<br>notify the owner shown on the certificate of registration and each holder of a lien on<br>the aircraft as shown on the records maintained for that purpose by the federal<br>aviation administration aircraft registry not later than the thirtieth day after the date or<br>performance of the last repair or maintenance. This notice must include:a.The name, address, and telephone number of the holder of the lien under this<br>chapter.b.The amount due for repairs or maintenance.c.A complete description of the aircraft.d.A statement describing the legal right of the holder of the lien under this chapter<br>to sell the aircraft at public auction and apply the proceeds to the amount due.Page No. 12.The notice must be delivered by registered mail.35-32-05. Sale of aircraft authorized. If the holder of a lien under this chapter providesthe notice required by section 35-32-04 and the amount due remains unpaid after the sixtieth day<br>after the date of performance of the last repair or maintenance, the holder of the lien may sell the<br>aircraft at a public sale if the court finds that the amount due is the amount specified by contract<br>or the reasonable and usual compensation for the repairs or maintenance work performed and<br>the holder may then apply the proceeds to the amount due. The lienholder shall pay any excess<br>proceeds to the person entitled to them.35-32-06. Attorney's fees. The court in a suit brought under this chapter may awardreasonable attorney's fees to the prevailing party.Page No. 2Document Outlinechapter 35-32 aircraft repair and maintenance lien]]>