Texas Family Code - Section 157.328. Notice Of Levy Sent To Obligor

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§ 157.328. NOTICE OF LEVY SENT TO OBLIGOR.  (a) At the 
time the notice of levy under Section 157.327 is delivered to a 
financial institution, the claimant shall serve the obligor with a 
copy of the notice.
	(b)  The notice of levy delivered to the obligor must inform 
the obligor that:
		(1)  the claimant will not proceed with levy if, not 
later than the 10th day after the date of receipt of the notice, the 
obligor pays in full the amount of arrearages identified in the 
notice or otherwise makes arrangements acceptable to the claimant 
for the payment of the arrearage amounts;  and
		(2)  the obligor may contest the levy by filing suit 
under Section 157.323 not later than the 10th day after the date of 
receipt of the notice.
	(c)  If the claimant is the Title IV-D agency, the obligor 
receiving a notice of levy may request review by the agency not 
later than the 10th day after the date of receipt of the notice to 
resolve any issue in dispute regarding the existence or amount of 
the arrearages.  The agency shall provide an opportunity for a 
review, by telephone conference or in person, as appropriate to the 
circumstances, not later than the fifth business day after the date 
an oral or written request from the obligor for the review is 
received.  If the review fails to resolve any issue in dispute, the 
obligor may file suit under Section 157.323 for a hearing by the 
court not later than the fifth day after the date of the conclusion 
of the agency review.  If the obligor fails to timely file suit, the 
Title IV-D agency may request the financial institution to release 
and remit the funds subject to levy.
	(d)  The notice under this section may be delivered to the 
last known address of the obligor by first class mail, certified 
mail, or registered mail.

Added by Acts 2001, 77th Leg., ch. 1023, § 34, eff. Sept. 1, 
2001.       

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Last modified: August 10, 2007