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Texas Family Code - Section 157.323. Foreclosure Or Suit To Determine Arrearages

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 157.323. Foreclosure Or Suit To Determine Arrearages

§ 157.323. FORECLOSURE OR SUIT TO DETERMINE 
ARREARAGES.  (a) In addition to any other remedy provided by law, 
an action to foreclose a child support lien, to dispute the amount 
of arrearages stated in the lien, or to resolve issues of ownership 
interest with respect to property subject to a child support lien 
may be brought in:
		(1)  the court in which the lien notice was filed under 
Section 157.314(b)(1);
		(2)  the district court of the county in which the 
property is or was located and the lien was filed;  or
		(3)  the court of continuing jurisdiction.                                    
	(b)  The procedures provided by Subchapter B  apply to a 
foreclosure action under this section, except that a person or 
organization in possession of the property of the obligor or known 
to have an ownership interest in property that is subject to the 
lien may be joined as an additional respondent.
	(c)  If arrearages are owed by the obligor, the court shall:                   
		(1)  render judgment against the obligor for the amount 
due, plus costs and reasonable attorney's fees;  
		(2)  order any official authorized to levy execution to 
satisfy the lien, costs, and attorney's fees by selling any 
property on which a lien is established under this subchapter;  or
		(3)  order an individual or organization in possession 
of nonexempt personal property or cash owned by the obligor to 
dispose of the property as the court may direct.
	(d)  For execution and sale under this section, publication 
of notice is necessary only for three consecutive weeks in a 
newspaper published in the county where the property is located or, 
if there is no newspaper in that county, in the most convenient 
newspaper in circulation in the county.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 420, § 11, eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 911, § 30, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1023, § 30, eff. Sept. 1, 2001.

Last modified: August 11, 2007