Sec. 157.319. EFFECT OF LIEN NOTICE. (a) If a person having actual notice of the lien possesses nonexempt personal property of the obligor that may be subject to the lien, the property may not be paid over, released, sold, transferred, encumbered, or conveyed unless:
(1) a release of lien signed by the claimant is delivered to the person in possession; or
(2) a court, after notice to the claimant and hearing, has ordered the release of the lien because arrearages do not exist.
(b) A person having notice of a child support lien who violates this section may be joined as a party to a foreclosure action under this chapter and is subject to the penalties provided by this subchapter.
(c) This section does not affect the validity or priority of a lien of a health care provider, a lien for attorney's fees, or a lien of a holder of a security interest. This section does not affect the assignment of rights or subrogation of a claim under Title XIX of the federal Social Security Act (42 U.S.C. Section 1396 et seq.), as amended.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 8, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 26, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 27, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter G. Child Support Lien
Section 157.312. General Provisions
Section 157.313. Contents of Child Support Lien Notice
Section 157.314. Filing Lien Notice or Abstract of Judgment; Notice to Obligor
Section 157.3145. Service on Financial Institution
Section 157.315. Recording and Indexing Lien
Section 157.316. Perfection of Child Support Lien
Section 157.317. Property to Which Lien Attaches
Section 157.3171. Release of Lien on Homestead Property
Section 157.318. Duration and Effect of Child Support Lien
Section 157.319. Effect of Lien Notice
Section 157.320. Priority of Lien as to Real Property
Section 157.321. Discretionary Release of Lien
Section 157.322. Mandatory Release of Lien
Section 157.323. Foreclosure or Suit to Determine Arrearages
Section 157.324. Liability for Failure to Comply With Order or Lien
Section 157.325. Release of Excess Funds to Debtor or Obligor
Section 157.326. Interest of Obligor's Spouse or Another Person Having Ownership Interest
Section 157.327. Execution and Levy on Financial Assets of Obligor
Section 157.3271. Levy on Financial Institution Account of Deceased Obligor
Section 157.328. Notice of Levy Sent to Obligor
Section 157.329. No Liability for Compliance With Notice of Levy