§ 63.2-1934 — Action for foreclosure of lien; satisfaction

Virginia § 63.2-1934

• Jurisdiction: Virginia
• Title 63.2: WELFARE (SOCIAL SERVICES)
• Subtitle V: ADMINISTRATIVE CHILD SUPPORT
• Ch. 19: CHILD SUPPORT ENFORCEMENT
• Art. 6: ENFORCEMENT REMEDIES

Text

Whenever a support lien has been filed, an action in foreclosure of lien upon real or personal property may be brought in the circuit court of the jurisdiction wherein such real or personal property is or was located and the lien was filed. Judgment if rendered in favor of the Department shall be for the amount due, with costs, and the court shall allow, as part of the costs, the moneys paid for making and filing the claim of lien, and a reasonable attorney's fee. The court shall order any property upon which any lien provided for by this chapter is established, to be sold by the sheriff of the proper jurisdiction to satisfy the lien and costs. The payment of the lien debt, costs and reasonable attorney's fees, at any time before sale, shall satisfy the judgment of foreclosure. Where the net proceeds of sale upon application to the debt claimed do not satisfy the debt in full, the Department shall have judgment over any deficiency remaining unsatisfied and further levy upon other property of the judgment debtor may be made under the same execution. In all sales contemplated under this section, advertising of notice shall only be necessary for two weeks in a newspaper published in the jurisdiction where such property is located, and if there be no newspaper therein, then in the most convenient newspaper having a circulation in such jurisdiction. Remedies provided for herein are alternatives to remedies provided for in other sections of this chapter.

Legislative History

1974, c. 413, § 63.1-262; 1976, c. 357; 1988, c. 906; 2002, c. 747.