Lien on rights of action for personal injury or negligence, when, procedure
If someone owes unpaid child or spousal support (over $100), the state or the person owed support can put a lien on any personal injury or negligence lawsuit that person has going on. A lien means that money from that lawsuit can be grabbed to pay off the support debt. The person being sued (or their insurance company) gets a mailed notice, and if they pay out money after getting that notice without paying the support lien first, they can be held responsible for that support amount.
454.519. on rights of for personal injury or negligence, when, procedure — notice, contents — of persons making payment or settlement after notice. — 1. The , or the may cause a lien for unpaid and or to be placed upon any and all s or rights of action for negligence or personal injury which any in child or spousal support payments may have.
2. No such lien shall be effective unless and until a written notice is mailed by , to the alleged or the , if any. 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. The notice shall also instruct the tort-feasor to mail a copy of the notice of lien to the tort-feasor's , if any.
3. Notice of this lien shall not be mailed unless the delinquent child or spousal support obligation exceeds one hundred dollars.
4. Any person or persons, firm or firms, or corporations, including an insurance carrier, making any payment or settlement in full or partial of the demand or , after receipt by the tort-feasor of the notice of lien, shall be to the obligee or, if support has been 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. 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.