63.2-1934 - Action for foreclosure of lien; satisfaction. - Virginia Statutes

§ 63.2-1934. Action for foreclosure of lien; satisfaction.

Whenever a support lien has been filed, an action in foreclosure of lien uponreal or personal property may be brought in the circuit court of thejurisdiction wherein such real or personal property is or was located and thelien was filed. Judgment if rendered in favor of the Department shall be forthe amount due, with costs, and the court shall allow, as part of the costs,the moneys paid for making and filing the claim of lien, and a reasonableattorney's fee. The court shall order any property upon which any lienprovided for by this chapter is established, to be sold by the sheriff of theproper jurisdiction to satisfy the lien and costs. The payment of the liendebt, costs and reasonable attorney's fees, at any time before sale, shallsatisfy the judgment of foreclosure. Where the net proceeds of sale uponapplication to the debt claimed do not satisfy the debt in full, theDepartment shall have judgment over any deficiency remaining unsatisfied andfurther levy upon other property of the judgment debtor may be made under thesame execution. In all sales contemplated under this section, advertising ofnotice shall only be necessary for two weeks in a newspaper published in thejurisdiction where such property is located, and if there be no newspapertherein, then in the most convenient newspaper having a circulation in suchjurisdiction. Remedies provided for herein are alternatives to remediesprovided for in other sections of this chapter.

(1974, c. 413, § 63.1-262; 1976, c. 357; 1988, c. 906; 2002, c. 747.)