                                 CODE OF VIRGINIA

DISTRAINT, SEIZURE AND SALE OF PROPERTY SUBJECT TO LIENS (§ 63.2-1933)

Whenever a support lien has been filed pursuant to § 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&#8217;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.

HISTORY: 1974, c. 413, § 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c.
747; 2016, c. 29.