                                 CODE OF VIRGINIA

ASSERTION OF LIEN; EFFECT (§ 63.2-1927)

Ten days after service of the notice containing the proposed administrative
support order as provided in § 63.2-1916, or immediately upon receipt by the
Department of a court order or foreign support order, a lien may be asserted by
the Commissioner upon the real or personal property of the debtor. The claim of
the Department for a support debt, not paid when due, shall be a lien when
docketed against all property of the debtor in the county or city where docketed
with priority of a secured creditor. The Department&#8217;s lien shall take
priority over all other debts and creditors under state law of such debtor
including the proceeds or anticipated proceeds of a personal injury or wrongful
death award or settlement except that the Department&#8217;s lien shall be
inferior to those liens created under § 8.01-66.2 or § 8.01-66.9, any
statutory right of subrogation accruing to a health insurance provider, and the
lien of the attorney representing the injured person in the personal injury or
wrongful death action. However, the lien of the Department shall be subordinate
to the lien of any prior mortgagee. The Department shall have the sole authority
to negotiate settlement of its liens. Settlement of the Department&#8217;s
support liens does not affect the remaining support arrearages. This lien shall
be separate and apart from, and in addition to, any other lien created by, or
provided for, in this title. Such order, when an abstract thereof is docketed
with the circuit court, shall have the same effect as a docketed abstract of
judgment from another Virginia court.
		Whenever a support lien has been filed and there is in the possession of any
person, firm, corporation, association, political subdivision or department of
the Commonwealth having notice of such lien, any property which may be subject
to the support lien, such property shall not be paid over, released, sold,
transferred, encumbered or conveyed, except as provided for by the exemptions
contained in § 63.2-1933, unless a written release or waiver signed by the
Commissioner has been delivered to such person, firm, corporation, association,
political subdivision or department of the Commonwealth or unless a
determination has been made in a hearing pursuant to § 63.2-1916 or by a court
ordering release of such support lien on the basis that no debt exists or that
the debt has been satisfied.

HISTORY: 1974, c. 413, § 63.1-254; 1976, c. 357; 1988, c. 906; 2002, c. 747;
2003, cc. 929, 942.