35-21-04. Exception to sureties - Justification by sureties - Discharge of lien
If the clerk of court receives an exception to the sufficiency of the sureties within seven days
of the date of service, the clerk shall schedule a hearing before the district court judge at which
the sureties may be justified. The clerk shall provide notice of the hearing to both the lien
claimant and the applicant for the discharge by undertaking. Chapter 32-02 governs the
justification of the sureties. If the clerk of court does not receive an exception to the sufficiency
of the sureties, within seven days from the date of service, the clerk of court shall issue an order
stating that the lien is discharged by undertaking and directing either the recorder or the
secretary of state, as appropriate, to file the order of discharge to terminate the lien and to
remove the lien from any computerized index system on which it appears or, in the case of a
lien that is filed manually, to indicate in the margin of the record "discharged by undertaking". If
the sureties justify as provided in this section, and if the undertaking is approved, the judge shall
enter an order that the lien is discharged by undertaking and direct the recorder or the secretary
of state, as appropriate, to file the order of discharge and terminate the lien on any
computerized index system on which it appears or, in the case of a lien that is filed manually, to
indicate in the margin of the record "discharged by undertaking". After the order, the lien is of no
effect.
