{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1933.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1933.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1933.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1933.html"}],"law_id":67738,"edition_id":1,"section_id":67738,"structure_id":13121,"section_number":"63.2-1933","catch_line":"Distraint, seizure and sale of property subject to liens","history":"1974, c. 413, \u00a7 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c. 747; 2016, c. 29.","full_text":"Whenever a support lien has been filed pursuant to \u00a7 63.2-1927, the Commissioner may collect the support debt stated in such lien by distraint, seizure and sale of the property subject to such lien. The Commissioner shall give notice by certified mail, return receipt requested, or electronic means to the debtor and by certified mail, return receipt requested, to any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of sale of such property. A notice specifying the property to be sold shall be posted in at least two public places in the jurisdiction wherein the distraint has been made. The time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. Such sale shall be conducted by the Commissioner, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the Commissioner may declare such property to be purchased by the Department for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor’s account shall be credited with the amount for which the property has been sold. Property acquired by the Department as herein prescribed may be sold by the Commissioner at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the Department. In all cases of sale, as aforesaid, the Commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the Commissioner to make such sale and conclusive evidence of the regularity of his proceeding in making the sale and shall transfer to the purchaser all right, title, and interest of the debtor in such property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the Department, shall be first applied by the Commissioner to reimbursement of the costs of distraint and the sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the Commissioner shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the Commonwealth or its political subdivisions or by the Commissioner for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from attachment, distraint, seizure, execution and sale under this chapter such property as is exempt therefrom under the laws of this Commonwealth.","order_by":null,"text":{"0":{"id":245370,"text":"Whenever a support lien has been filed pursuant to \u00a7 63.2-1927, the Commissioner may collect the support debt stated in such lien by distraint, seizure and sale of the property subject to such lien. The Commissioner shall give notice by certified mail, return receipt requested, or electronic means to the debtor and by certified mail, return receipt requested, to any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of sale of such property. A notice specifying the property to be sold shall be posted in at least two public places in the jurisdiction wherein the distraint has been made. The time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. Such sale shall be conducted by the Commissioner, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the Commissioner may declare such property to be purchased by the Department for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor’s account shall be credited with the amount for which the property has been sold. Property acquired by the Department as herein prescribed may be sold by the Commissioner at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the Department. In all cases of sale, as aforesaid, the Commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the Commissioner to make such sale and conclusive evidence of the regularity of his proceeding in making the sale and shall transfer to the purchaser all right, title, and interest of the debtor in such property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the Department, shall be first applied by the Commissioner to reimbursement of the costs of distraint and the sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the Commissioner shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the Commonwealth or its political subdivisions or by the Commissioner for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from attachment, distraint, seizure, execution and sale under this chapter such property as is exempt therefrom under the laws of this Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13121,"edition_id":1,"name":"Enforcement Remedies","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":272607,"object_type":"structure","relational_id":13121,"identifier":"6","token":"63.2\/V\/19\/6","url":"\/63.2\/V\/19\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12835,"edition_id":1,"name":"Child Support Enforcement","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12834,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272433,"object_type":"structure","relational_id":12835,"identifier":"19","token":"63.2\/V\/19","url":"\/63.2\/V\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12834,"edition_id":1,"name":"Administrative Child Support","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272431,"object_type":"structure","relational_id":12834,"identifier":"V","token":"63.2\/V","url":"\/63.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72955,"structure_id":13121,"section_number":"63.2-1927","catch_line":"Assertion of lien; effect","url":"\/63.2-1927\/","token":"63.2\/V\/19\/6\/63.2-1927","metadata":false},{"id":65828,"structure_id":13121,"section_number":"63.2-1928","catch_line":"Service of lien","url":"\/63.2-1928\/","token":"63.2\/V\/19\/6\/63.2-1928","metadata":false},{"id":67402,"structure_id":13121,"section_number":"63.2-1929","catch_line":"Orders to withhold and to deliver property of debtor; issuance and service; contents; right to appeal; answer; effect; delivery of property; bond to release; fee; exemptions","url":"\/63.2-1929\/","token":"63.2\/V\/19\/6\/63.2-1929","metadata":false},{"id":64287,"structure_id":13121,"section_number":"63.2-1930","catch_line":"Civil liability upon failure to comply with lien, order, etc","url":"\/63.2-1930\/","token":"63.2\/V\/19\/6\/63.2-1930","metadata":false},{"id":59733,"structure_id":13121,"section_number":"63.2-1931","catch_line":"Effect of service on banks, savings institutions, etc","url":"\/63.2-1931\/","token":"63.2\/V\/19\/6\/63.2-1931","metadata":false},{"id":56104,"structure_id":13121,"section_number":"63.2-1932","catch_line":"Data exchange agreements authorized; immunity","url":"\/63.2-1932\/","token":"63.2\/V\/19\/6\/63.2-1932","metadata":false},{"id":54155,"structure_id":13121,"section_number":"63.2-1932.1","catch_line":"Automated administrative enforcement in interstate cases","url":"\/63.2-1932.1\/","token":"63.2\/V\/19\/6\/63.2-1932.1","metadata":false},{"id":67738,"structure_id":13121,"section_number":"63.2-1933","catch_line":"Distraint, seizure and sale of property subject to liens","url":"\/63.2-1933\/","token":"63.2\/V\/19\/6\/63.2-1933","metadata":false},{"id":61523,"structure_id":13121,"section_number":"63.2-1934","catch_line":"Action for foreclosure of lien; satisfaction","url":"\/63.2-1934\/","token":"63.2\/V\/19\/6\/63.2-1934","metadata":false},{"id":59402,"structure_id":13121,"section_number":"63.2-1935","catch_line":"Satisfaction of lien after foreclosure proceedings instituted; redemption","url":"\/63.2-1935\/","token":"63.2\/V\/19\/6\/63.2-1935","metadata":false},{"id":71727,"structure_id":13121,"section_number":"63.2-1936","catch_line":"Procedures for posting security, bond or guarantee to secure payment of overdue support","url":"\/63.2-1936\/","token":"63.2\/V\/19\/6\/63.2-1936","metadata":false},{"id":86016,"structure_id":13121,"section_number":"63.2-1937","catch_line":"Applications for occupational or other license to include social security or control number; suspension upon delinquency; procedure","url":"\/63.2-1937\/","token":"63.2\/V\/19\/6\/63.2-1937","metadata":false},{"id":55671,"structure_id":13121,"section_number":"63.2-1938","catch_line":"Commissioner may release lien or order or return seized property","url":"\/63.2-1938\/","token":"63.2\/V\/19\/6\/63.2-1938","metadata":false},{"id":59915,"structure_id":13121,"section_number":"63.2-1939","catch_line":"Commissioner may make demand, file and serve liens, when payments appear in jeopardy","url":"\/63.2-1939\/","token":"63.2\/V\/19\/6\/63.2-1939","metadata":false},{"id":80175,"structure_id":13121,"section_number":"63.2-1940","catch_line":"Reporting payment arrearage information to consumer credit reporting agencies","url":"\/63.2-1940\/","token":"63.2\/V\/19\/6\/63.2-1940","metadata":false},{"id":56289,"structure_id":13121,"section_number":"63.2-1940.1","catch_line":"Publishing a most wanted delinquent parent list; coordinated arrests","url":"\/63.2-1940.1\/","token":"63.2\/V\/19\/6\/63.2-1940.1","metadata":false},{"id":57412,"structure_id":13121,"section_number":"63.2-1941","catch_line":"Additional enforcement remedies","url":"\/63.2-1941\/","token":"63.2\/V\/19\/6\/63.2-1941","metadata":false}],"previous_section":{"id":54155,"structure_id":13121,"section_number":"63.2-1932.1","catch_line":"Automated administrative enforcement in interstate cases","url":"\/63.2-1932.1\/","token":"63.2\/V\/19\/6\/63.2-1932.1","metadata":false},"next_section":{"id":61523,"structure_id":13121,"section_number":"63.2-1934","catch_line":"Action for foreclosure of lien; satisfaction","url":"\/63.2-1934\/","token":"63.2\/V\/19\/6\/63.2-1934","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1933\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 413 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapters 311 and 596; in 1976, chapter 357; in 2002, chapter 747<\/a>; in 2016, chapter 29<\/a>.<\/p>","references":[{"id":72955,"section_number":"63.2-1927","catch_line":"Assertion of lien; effect","order_by":null,"url":"\/63.2-1927\/"},{"id":64287,"section_number":"63.2-1930","catch_line":"Civil liability upon failure to comply with lien, order, etc","order_by":null,"url":"\/63.2-1930\/"},{"id":59915,"section_number":"63.2-1939","catch_line":"Commissioner may make demand, file and serve liens, when payments appear in jeopardy","order_by":null,"url":"\/63.2-1939\/"}],"refers_to":[{"id":72955,"section_number":"63.2-1927","catch_line":"Assertion of lien; effect","order_by":null,"url":"\/63.2-1927\/"}],"permalink":{"id":272637,"object_type":"law","relational_id":67738,"identifier":"63.2-1933","token":"63.2\/V\/19\/6\/63.2-1933","url":"\/63.2-1933\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1933\/","token":"63.2\/V\/19\/6\/63.2-1933","dublin_core":{"Title":"Distraint, seizure and sale of property subject to liens","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1933","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever a support lien<\/span> has been filed pursuant to \u00a7 63.2-1927<\/a>, the Commissioner<\/span> may collect the support debt<\/span> stated in such lien<\/span> by distraint, seizure and sale of the property subject to such lien<\/span>. The Commissioner<\/span> shall give notice by certified mail, return receipt requested, or electronic means<\/span> to the debtor and by certified mail, return receipt requested, to any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of sale of such property. A notice specifying the property to be sold shall be posted in at least two public places in the jurisdiction<\/span> wherein the distraint has been made. The time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. Such sale shall be conducted by the Commissioner<\/span>, who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy<\/span> and of advertising the sale, and if the amount bid for such property at the sale is not equal to the price so fixed, the Commissioner<\/span> may declare such property to be purchased by the Department<\/span> for such price, or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the debtor’s account shall be credited with the amount for which the property has been sold. Property acquired by the Department<\/span> as herein prescribed may be sold by the Commissioner<\/span> at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the Department<\/span>. In all cases of sale, as aforesaid, the Commissioner<\/span> shall issue<\/span> a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence<\/span> of the right of the Commissioner<\/span> to make such sale and conclusive evidence<\/span> of the regularity of his proceeding in making the sale and shall transfer to the purchaser all right, title, and interest of the debtor in such property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the Department<\/span>, shall be first applied by the Commissioner<\/span> to reimbursement of the costs of distraint and the sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the Commissioner<\/span> shall be refunded to the debtor. Sums so refundable to a debtor may be subject to seizure or distraint by any taxing authority of the Commonwealth or its political subdivisions or by the Commissioner<\/span> for new sums due and owing subsequent to the subject proceeding. Except as specifically provided in this chapter, there shall be exempt from attachment<\/span>, distraint, seizure, execution and sale under this chapter such property as is exempt therefrom under the laws<\/span> of this Commonwealth.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISTRAINT, SEIZURE AND SALE OF PROPERTY SUBJECT TO LIENS (\u00a7 63.2-1933)\n\nWhenever a support lien has been filed pursuant to \u00a7 63.2-1927, the\nCommissioner may collect the support debt stated in such lien by distraint,\nseizure and sale of the property subject to such lien. The Commissioner shall\ngive notice by certified mail, return receipt requested, or electronic means to\nthe debtor and by certified mail, return receipt requested, to any person known\nto have or claim an interest therein of the general description of the property\nto be sold and the time and place of sale of such property. A notice specifying\nthe property to be sold shall be posted in at least two public places in the\njurisdiction wherein the distraint has been made. The time of sale shall not be\nless than 10 nor more than 20 days from the date of posting of such notices.\nSuch sale shall be conducted by the Commissioner, who shall proceed to sell such\nproperty by parcel or by lot at a public auction, and who may set a minimum\nreasonable price to include the expenses of making a levy and of advertising the\nsale, and if the amount bid for such property at the sale is not equal to the\nprice so fixed, the Commissioner may declare such property to be purchased by\nthe Department for such price, or may conduct another sale of such property\npursuant to the provisions of this section. In the event of sale, the\ndebtor’s account shall be credited with the amount for which the property\nhas been sold. Property acquired by the Department as herein prescribed may be\nsold by the Commissioner at public or private sale, and the amount realized\nshall be placed in the state general fund to the credit of the Department. In\nall cases of sale, as aforesaid, the Commissioner shall issue a bill of sale or\na deed to the purchaser and such bill of sale or deed shall be prima facie\nevidence of the right of the Commissioner to make such sale and conclusive\nevidence of the regularity of his proceeding in making the sale and shall\ntransfer to the purchaser all right, title, and interest of the debtor in such\nproperty. The proceeds of any such sale, except in those cases wherein the\nproperty has been acquired by the Department, shall be first applied by the\nCommissioner to reimbursement of the costs of distraint and the sale, and\nthereafter in satisfaction of the delinquent account. Any excess which shall\nthereafter remain in the hands of the Commissioner shall be refunded to the\ndebtor. Sums so refundable to a debtor may be subject to seizure or distraint by\nany taxing authority of the Commonwealth or its political subdivisions or by the\nCommissioner for new sums due and owing subsequent to the subject proceeding.\nExcept as specifically provided in this chapter, there shall be exempt from\nattachment, distraint, seizure, execution and sale under this chapter such\nproperty as is exempt therefrom under the laws of this Commonwealth.\n\nHISTORY: 1974, c. 413, \u00a7 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c.\n747; 2016, c. 29.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}