Texas Family Code - Section 157.323. Foreclosure Or Suit To Determine Arrearages
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Texas Laws > Family Code > Texas Family Code - Section 157.323. Foreclosure Or Suit To Determine Arrearages
Section: 157.316 157.317 157.318 157.319 157.320 157.321 157.322 157.323 157.324 157.325 157.326 157.327 157.328 157.329 157.330
§ 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
(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