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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67738</law_id><section_number>63.2-1933</section_number><catch_line>Distraint, seizure and sale of property subject to liens</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>63.2-1927</reference><reference>63.2-1930</reference><reference>63.2-1939</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="63.2">Welfare (Social Services)</unit><unit label="subtitle" level="2" order_by="1" identifier="V">Administrative Child Support</unit><unit label="chapter" level="3" order_by="1" identifier="19">Child Support Enforcement</unit><unit label="article" level="4" order_by="1" identifier="6">Enforcement Remedies</unit></structure><text>
						<section><p>Whenever a support <span class="dictionary">lien</span> has been filed pursuant to &#xA7;&#xA0;<a class="law" title="Assertion of lien; effect" href="/63.2-1927/">63.2-1927</a>, the <span class="dictionary">Commissioner</span> may collect the support <span class="dictionary">debt</span> stated in such <span class="dictionary">lien</span> by distraint, seizure and sale of the property subject to such <span class="dictionary">lien</span>. The <span class="dictionary">Commissioner</span> shall give notice by certified mail, return receipt requested, or <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">Commissioner</span> may declare such property to be purchased by the <span class="dictionary">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&#x2019;s account shall be credited with the amount for which the property has been sold. Property acquired by the <span class="dictionary">Department</span> as herein prescribed may be sold by the <span class="dictionary">Commissioner</span> at public or private sale, and the amount realized shall be placed in the state general fund to the credit of the <span class="dictionary">Department</span>. In all cases of sale, as aforesaid, the <span class="dictionary">Commissioner</span> shall <span class="dictionary">issue</span> a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie <span class="dictionary">evidence</span> of the right of the <span class="dictionary">Commissioner</span> to make such sale and conclusive <span class="dictionary">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 <span class="dictionary">Department</span>, shall be first applied by the <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">attachment</span>, distraint, seizure, execution and sale under this chapter such property as is exempt therefrom under the <span class="dictionary">laws</span> of this Commonwealth.</p></section></text><history>1974, c. 413, &#xA7; 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c. 747; 2016, c. 29.</history><metadata></metadata></law>
