Texas Family Code 157.314 – Filing Lien Notice or Abstract of Judgment; Notice to Obligor
(a) A child support lien notice or an abstract of judgment for past due child support may be filed by the claimant with the county clerk of:
(1) any county in which the obligor is believed to own nonexempt real or personal property;
(2) the county in which the obligor resides; or
(3) the county in which the court having continuing jurisdiction has venue of the suit affecting the parent-child relationship.
(b) A child support lien notice may be filed with or delivered to the following, as appropriate:
(1) the clerk of the court in which a claim, counterclaim, or suit by, or on behalf of, the obligor, including a claim or potential right to proceeds from an estate as an heir, beneficiary, or creditor, is pending, provided that a copy of the lien is mailed to the attorney of record for the obligor, if any;
(2) an attorney who represents the obligor in a claim or counterclaim that has not been filed with a court;
(3) any other individual or organization believed to be in possession of real or personal property of the obligor; or
(4) any governmental unit or agency that issues or records certificates, titles, or other indicia of property ownership.
Terms Used In Texas Family Code 157.314
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(c) Not later than the 21st day after the date of filing or delivering the child support lien notice, the claimant shall provide a copy of the notice to the obligor by first class or certified mail, return receipt requested, addressed to the obligor at the obligor’s last known address. If another person is known to have an ownership interest in the property subject to the lien, the claimant shall provide a copy of the lien notice to that person at the time notice is provided to the obligor.
(d) If a child support lien notice is delivered to a financial institution with respect to an account of the obligor, the institution shall immediately:
(1) provide the claimant with the last known address of the obligor; and
(2) notify any other person having an ownership interest in the account that the account has been frozen in an amount not to exceed the amount of the child support arrearage identified in the notice.