Lien on law suits, claims or counterclaims, when, procedure
When someone owes unpaid child or spousal support (over $100), the agency or person they owe can place a lien on any lawsuit or legal claim that person has going on in court. A written notice gets filed with the court clerk, who then mails copies to the person who owes support and their lawyers. After that notice is mailed, anyone who pays out money to settle that lawsuit could be held responsible for the unpaid support amount if they ignore the lien.
454.518. on law suits, or s, when, procedure — notice, contents — of persons making payment or settlement after notice — duties of clerk. — 1. The , or the may cause a lien for unpaid and or to be placed upon any and all claims, counterclaims, or suits at law of any in child or spousal support payments.
2. No such lien shall be effective unless and until a written notice is filed with the in which the , counterclaim or suit at law is pending, and the clerk of the court mails the notices required by 5 of this section. The notice shall contain the name and address of the delinquent obligor, the Social number of the obligor, if known, the name of the obligee, and the amount of delinquent child or spousal support.
3. Notice of this lien shall not be filed unless the delinquent child or spousal support obligation exceeds one hundred dollars.
4. Any person or persons, firm or firms, or corporations, including an , making any payment or settlement in full or partial of the claim, counterclaim or suit at law, after receipt of such notice, as defined in subsection 5 of this section, shall be to the obligee or, if support has been subsection 2 of section 208.040, to the state or IV-D agency in an amount equal to the lesser of the payment or settlement, or the delinquent child or spousal support. In such event, the lien may be enforced by a suit at law against any person or persons, firm or firms, corporation or corporations making the payment or settlement.
5. Upon the of a notice pursuant to this section, the clerk of the court shall mail to the obligor and to all attorneys of a copy of the notice. The obligor and attorneys of record shall be to have received the notice within five days of the mailing by the clerk. The lien described in this section shall attach to any payment or settlement made more than five days after the clerk mailed the notice.
6. In cases which are not , to cause a lien pursuant to the of this section the obligee or the obligee's attorney shall file notice of the lien with the or . This notice shall have attached a of the with all modifications and a by the obligee or a from the court attesting to or certifying the amount of .
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Source & history notes
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361) Effective 7-01-97
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.