63.2-1927 - Assertion of lien; effect. - Virginia Statutes

§ 63.2-1927. Assertion of lien; effect.

Ten days after service of the notice containing the proposed administrativesupport order as provided in § 63.2-1916, or immediately upon receipt by theDepartment of a court order or foreign support order, a lien may be assertedby the Commissioner upon the real or personal property of the debtor. Theclaim of the Department for a support debt, not paid when due, shall be alien when docketed against all property of the debtor in the county or citywhere docketed with priority of a secured creditor. The Department's lienshall take priority over all other debts and creditors under state law ofsuch debtor including the proceeds or anticipated proceeds of a personalinjury or wrongful death award or settlement except that the Department'slien shall be inferior to those liens created under § 8.01-66.2 or §8.01-66.9, any statutory right of subrogation accruing to a health insuranceprovider, and the lien of the attorney representing the injured person in thepersonal injury or wrongful death action. However, the lien of the Departmentshall be subordinate to the lien of any prior mortgagee. The Department shallhave the sole authority to negotiate settlement of its liens. Settlement ofthe Department's support liens does not affect the remaining supportarrearages. This lien shall be separate and apart from, and in addition to,any other lien created by, or provided for, in this title. Such order, whenan abstract thereof is docketed with the circuit court, shall have the sameeffect as a docketed abstract of judgment from another Virginia court.

Whenever a support lien has been filed and there is in the possession of anyperson, firm, corporation, association, political subdivision or departmentof the Commonwealth having notice of such lien, any property which may besubject to the support lien, such property shall not be paid over, released,sold, transferred, encumbered or conveyed, except as provided for by theexemptions contained in § 63.2-1933, unless a written release or waiversigned by the Commissioner has been delivered to such person, firm,corporation, association, political subdivision or department of theCommonwealth or unless a determination has been made in a hearing pursuant to§ 63.2-1916 or by a court ordering release of such support lien on the basisthat no debt exists or that the debt has been satisfied.

(1974, c. 413, § 63.1-254; 1976, c. 357; 1988, c. 906; 2002, c. 747; 2003,cc. 929, 942.)