Title 13 — Debtor and Creditor Relationship
19 chapters · 259 sections in this title.
N.D.C.C. § 13-01-01 Definitions of creditor and debtor
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In this chapter, unless the context or subject matter otherwise requires: 1. "Creditor" means one in whose favor an obligation exists by reason of which the person is or may become entitled to the payment of money. 2. "Debtor" means one who, by reason of an existing obligation, i…
N.D.C.C. § 13-01-02 Debtor's contract valid in absence of fraud
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In the absence of fraud, every contract of a debtor is valid against all of the debtor's creditors, existing or subsequent, who have not acquired a lien on the property affected by the contract.
N.D.C.C. § 13-01-03 Creditors may be preferred
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Except as otherwise provided in section 13-02.1-05, a debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of that creditor's demand in preference to another.
N.D.C.C. § 13-01-04 Marshalling funds - Rights of creditors
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When a creditor is entitled to resort to each of several funds for the satisfaction of the creditor's claim and another person has an interest in, or is entitled as a creditor to resort to, some but not all of them, the latter may require the former to seek satisfaction from thos…
N.D.C.C. § 13-01-05 Transfers with intent to defraud or delay creditors are void
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Repealed by S.L. 1985, ch. 186, § 12. 13-01-06. Transfer of personalty without changing of possession or filing of instrument presumed fraudulent. Repealed by S.L. 1985, ch. 186, § 12. 13-01-07. Instruments affecting realty void when made with intent to defraud - Good-faith purch…
N.D.C.C. § 13-01-08 When act of debtor void for fraud
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Repealed by S.L. 1985, ch. 186, § 12.
N.D.C.C. § 13-01-09 Preference by special partnership or by member thereof - When void
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Repealed by S.L. 1985, ch. 186, § 12.
N.D.C.C. § 13-01-10 Fraudulent intent a question of fact
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In all cases arising under the provisions of this chapter, the question of fraudulent intent is one of fact and not of law. No transfer or charge may be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
N.D.C.C. § 13-01-11 Fraudulent conveyance - Penalty
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Any person who is a party to any conveyance or assignment of any interest in real or personal property entered into with intent to defraud prior or subsequent purchasers, creditors, or other persons except those with security interest in the property involved, who knowingly parti…
N.D.C.C. § 13-01-12 Removing or disposing of property to defraud creditors - Penalty
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Every person who removes any of the person's property from a county with intent to prevent a levy thereon under execution or attachment, or who secretes, assigns, conveys, or otherwise disposes of any of the person's property with intent to defraud any creditor or to prevent the …
N.D.C.C. § 13-01-13 Unlawfully preferring creditors - Penalty
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Every person who, knowing that the person's property is insufficient for the payment of all of the person's lawful debts, shall assign, transfer, or deliver any property for the benefit of any creditor or creditors upon any trust or condition that any creditor shall receive a pre…
N.D.C.C. § 13-01-14 Late payment charge on accounts receivable - Exceptions
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1. A creditor may charge, receive, and collect a late payment charge on all money due on account from thirty days after the obligation of the debtor to pay has been incurred. A creditor may assign an account receivable that is subject to this section. An assignee of an account re…