Texas Family Code - Section 157.314. Filing Lien Notice Or Abstract Of Judgment; Notice To Obligor
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§ 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT;
NOTICE TO OBLIGOR. (a) A child support lien notice or an abstract
of judgment for past due child support may be filed by the claimant
with the county clerk of:
(1) any county in which the obligor is believed to own
nonexempt real or personal property;
(2) the county in which the obligor resides; or
(3) the county in which the court having continuing
jurisdiction has venue of the suit affecting the parent-child
relationship.
(b) A child support lien notice may be filed with or
delivered to the following, as appropriate:
(1) the clerk of the court in which a claim,
counterclaim, or suit by, or on behalf of, the obligor, including a
claim or potential right to proceeds from an estate as an heir,
beneficiary, or creditor, is pending, provided that a copy of the
lien is mailed to the attorney of record for the obligor, if any;
(2) an attorney who represents the obligor in a claim
or counterclaim that has not been filed with a court;
(3) any other individual or organization believed to
be in possession of real or personal property of the obligor; or
(4) any governmental unit or agency that issues or
records certificates, titles, or other indicia of property
ownership.
(c) Not later than the 21st day after the date of filing or
delivering the child support lien notice, the claimant shall
provide a copy of the notice to the obligor by first class or
certified mail, return receipt requested, addressed to the obligor
at the obligor's last known address. If another person is known to
have an ownership interest in the property subject to the lien, the
claimant shall provide a copy of the lien notice to that person at
the time notice is provided to the obligor.
(d) If a child support lien notice is delivered to a
financial institution with respect to an account of the obligor,
the institution shall immediately:
(1) provide the claimant with the last known address
of the obligor; and
(2) notify any other person having an ownership
interest in the account that the account has been frozen in an
amount not to exceed the amount of the child support arrearage
identified in the notice.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 420, § 4, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 911, § 22, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1023, § 21, eff. Sept. 1, 2001.
Section: 157.266 157.267 157.268 157.269 157.311 157.312 157.313 157.314 157.3145 157.315 157.316 157.317 157.318 157.319 157.320
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Last modified: August 10, 2007
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