8-345

8-345. Restitution lien; definition

A. A person who is entitled to restitution pursuant to section 8-323, subsection
F, paragraph 9 or section 8-344 may file a restitution lien. No filing fee or other
charge is required for filing a restitution lien.

B. A judge, commissioner or juvenile hearing officer shall sign the restitution
lien and shall set forth all of the following:

1. The name and date of birth of the juvenile or the parent of the juvenile whose
property or other interests are subject to the lien.

2. The present residence or principal place of business of the juvenile or the
parent of the juvenile named in the lien, if known.

3. The delinquency proceeding pursuant to which the lien is filed, including the
name of the court, the title of the action and the court's file number.

4. The name and address of the attorney representing the state in the delinquency
proceeding pursuant to which the lien is filed or the name and address of the person
who is entitled to restitution pursuant to section 8-323, subsection F, paragraph 9 or
section 8-344 and who is filing the lien.

5. A statement that the notice is being filed pursuant to this section.

6. The amount of restitution that the juvenile or the parent of the juvenile has
been ordered to pay.

7. A statement that the total amount of restitution owed will change and that the
clerk of the superior court shall maintain a record of the outstanding balance.

C. A restitution lien is perfected against interests in personal property by
filing the lien with the secretary of state, except that for motor vehicles, the lien
shall be filed with the department of transportation. A restitution lien is perfected
against interests in real property by filing the lien with the county recorder of the
county in which the real property is located. The person entitled to restitution may
give the additional notice of the lien as the person deems appropriate.

D. The filing of a restitution lien creates a lien in favor of the person in all
of the following:

1. Any interest of the juvenile or the parent of the juvenile in real property
that is situated in the county in which the lien is filed and that is currently
maintained or thereafter acquired in the name of the juvenile or the parent of the
juvenile identified in the lien.

2. Any interest of the juvenile or the parent of the juvenile in personal
property that is situated in this state and that is currently maintained or thereafter
acquired in the name of the juvenile or the parent of the juvenile identified in the
lien.

3. Any property identified in the lien to the extent of the juvenile's or the
parent's interest in the property.

E. The filing of a restitution lien is notice to all persons dealing with the
juvenile or the parent of the juvenile or with property identified in the lien of the
claim of the person entitled to restitution pursuant to section 8-323, subsection F,
paragraph 9 or section 8-344. The lien created in favor of the person pursuant to this
section is superior and prior to the claims or interests of any other person, except a
person possessing any of the following:

1. A valid lien that is perfected before the filing of the restitution lien.

2. In the case of real property, an interest that is acquired and recorded before
the filing of the restitution lien.

3. In the case of personal property, an interest that is acquired before the
filing of the restitution lien.

F. This section does not limit the right of the state or any other person
entitled to restitution to obtain any order or injunction, receivership, writ,
attachment, garnishment or other remedy authorized by law.

G. For the purposes of this section, "parent" means a parent who is ordered to
make restitution pursuant to section 8-323, subsection F, paragraph 9 or section 8-344.