§ 44-87. Discharge of lien; penalty for failure to discharge. - North Carolina Statutes

§44‑87.  Discharge of lien; penalty for failure to discharge.

(a)        Liens created bythis Article may be discharged as follows:

(1)        By the designatedrepresentative in IV‑D cases, or by the obligee in non‑IV‑Dcases, filing with the clerk of superior court an acknowledgment that theobligor has satisfied the full amount of the lien;

(2)        By depositing withthe clerk of superior court money equal to the amount of the claim and filing apetition in the cause requesting a district court judge to determine the validityof the lien. The money shall not be disbursed except by order of a districtcourt judge following the hearing on the merits; or

(3)        By an entry in thejudgment docket book that the action on the part of the lien claimant toenforce the lien has been dismissed, or a judgment has been rendered againstthe claimant in such action.

(b)        An obligee in a non‑IV‑Dcase who has received payment in full for a delinquent child support obligationwhich is the basis for the lien shall, within 30 days of receipt of payment,file with the clerk of court an acknowledgment that the obligor has satisfiedthe full amount of the lien and that the lien is discharged. If the lienholderfails to timely file the acknowledgment, the obligor may, after serving noticeon the obligee, file an action in district court to discharge the lien. If inan action filed by the obligor to discharge the lien, the court discharges thelien and finds that the obligee failed to timely file an acknowledgmentdischarging the lien, then the court may allow the prevailing party to recoverreasonable attorneys' fees to be taxed as court costs against the obligee. (1997‑433,s. 7; 1998‑17, s. 1.)