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North Dakota What Happens Next?

When match information is received, a North Dakota Child Support Enforcement (CSE) worker will assess the information to determine whether, for our purposes, the claim is an instate claim or an out-of-state claim. If the claim adjuster is located in North Dakota, we will treat the claim as an instate claim. If the claim adjuster is located outside of North Dakota, we will treat the claim as an out-of-state claim. The actions taken by CSE will differ depending on whether the claim is instate or out-of-state.

Instate Claims:

A CSE worker will file a Miscellaneous Statutory Lien MSL-1 form with either the county recorder in the county where the adjuster is located or with the secretary of state. The worker will also send a copy of the MSL-1 form to the adjuster and to the obligor.

Once the lien is filed to freeze the property, the CSE worker will likely follow up by sending a written demand to the adjuster for surrender of the property. The worker will also send a copy of the demand letter to the obligor. As an alternative to a written demand, the worker may follow up by pursuing either a judicial or administrative execution against the property.

Once a collection has been received (e.g., as a result of a written demand), the CSE worker will release the lien by filing a Miscellaneous Lien Amendment/Termination MSL-2 form with the entity with which the MSL-1 form was filed. The worker will also send a copy of the MSL-2 form to the adjuster and to the obligor.

Out-of-State Claims:

A CSE worker will file the federally mandated Notice of Lien form with the appropriate entity in the other state, as determined by that state’s laws. The worker will also send a copy of the Notice of Lien form to the obligor. If the appropriate entity is something other than the insurance company, the worker will also send a copy of the Notice of Lien form to the adjuster.

Once the lien is filed to freeze the property, the CSE worker will likely follow up by sending a written demand to the adjuster for surrender of the property. The worker will also send a copy of the demand letter to the obligor. As an alternative to a written demand, the worker may follow up by sending a referral to the child support enforcement program in the other state asking them to enforce the lien according to that state’s laws and procedures.

Once a collection has been received (e.g., as a result of a written demand), the CSE worker will release the lien by filing a Certificate of Discharge form with the entity with which the federally mandated Notice of Lien form was filed. The worker will also send a copy of the Certificate of Discharge form to the obligor. If the entity with which the Notice of Lien form was filed is something other than the insurance company, the worker will also send a copy of the Certificate of Discharge form to the insurance company.

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