(a) When appropriateA lien on the real or personal property of an obligor to enforce payment of past-due support may be secured in any IV-D case provided:
- (1) the total amount of such past-due support is at least $500.00 on any one or a combination of IV-D accounts in a case for which the obligor is responsible;
- (2) a notice of action is mailed to the obligor prior to securing the lien;
- (3) the obligor is given an opportunity for a fair hearing prior to securing the lien; and (4) in the case of personal property, the value of the obligor's interest in the property is at least $1,000.00.
(b) Procedure
- (1) Notice of action When a case that may be appropriate for placement of a lien is identified by the department, a notice of action shall be mailed to the obligor by the department.
- (2) Prehearing review The lien shall not be secured if the results of a prehearing review indicate that the case is not appropriate for placement of a lien.
- (3) Fair hearing If a fair hearing is not requested, the lien may be secured no earlier than sixty days after the mailing date of the notice of action. If a fair hearing is requested, the lien shall not be secured unless the fair hearing is denied or dismissed, or a decision which upholds the lien is rendered.
(4) Securing (A) Real property To secure a lien on real property, the IV-D agency shall file a certificate of lien in the records of the town or towns in which the property is located.
- (B) Personal property To secure a lien on personal property, the IV-D agency shall follow the procedures contained in the General Statutes applicable to the type of property to be secured.
- (5) Release The IV-D agency shall prepare and mail to the obligor a release of lien when the obligor's past-due support debt is settled to the satisfaction of such agency.
(Effective November 28, 1994; Amended June 8, 1998)