Texas Family Code - Section 157.319. Effect Of Lien Notice

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§ 157.319. EFFECT OF LIEN NOTICE.  (a) If a person having 
actual notice of the lien possesses nonexempt personal property of 
the obligor that may be subject to the lien, the property may not be 
paid over, released, sold, transferred, encumbered, or conveyed 
unless:
		(1)  a release of lien signed by the claimant is 
delivered to the person in possession;  or
		(2)  a court, after notice to the claimant and hearing, 
has ordered the release of the lien because arrearages do not exist.
	(b)  A person having notice of a child support lien who 
violates this section may be joined as a party to a foreclosure 
action under this chapter and is subject to the penalties  provided 
by this subchapter.
	(c)  This section does not affect the validity or priority of 
a lien of a health care provider, a lien for attorney's fees, or a 
lien of a holder of a security interest.  This section does not 
affect the assignment of rights or subrogation of a claim under 
Title XIX of the federal Social Security Act (42 U.S.C. Section 1396 
et seq.), as amended.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 420, § 8, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 911, § 26, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1023, § 27, eff. Sept. 1, 2001.

Last modified: August 10, 2007