Lien on motor vehicles, boats, motors, manufactured homes andtrailers, when, procedure--notice, contents--registration oflien, restrictions, removal of lien--public sale, when--goodfaith purchasers--child support lien database to be maintained.
454.516. 1. The director or IV-D agency may cause a lien pursuant tosubsections 2 and 3 of this section or the obligee may cause a lienpursuant to subsection 8 of this section for unpaid and delinquent childsupport to block the issuance of a certificate of ownership for motorvehicles, motor boats, outboard motors, manufactured homes and trailersthat are registered in the name of a delinquent child support obligor.
2. The director or IV-D agency shall notify the department of revenuewith the required information necessary to impose a lien pursuant to thissection by filing a notice of lien.
3. The director or IV-D agency shall not notify the department ofrevenue and the department of revenue shall not register lien except asprovided in this subsection. After the director or IV-D agency decide thatsuch lien qualifies pursuant to this section and forward it to thedepartment of revenue, the director of revenue or the director's designeeshall only file such lien against the obligor's certificate of ownershipwhen:
(1) The obligor has unpaid child support which exceeds one thousanddollars;
(2) The property has a value of more than three thousand dollars asdetermined by current industry publications that provide such estimates todealers in the business, and the property's year of manufacture is withinseven years of the date of filing of the lien except in the case of a motorvehicle that has been designated a historic vehicle;
(3) The property has no more than two existing liens for childsupport;
(4) The property has had no more than three prior liens for childsupport in the same calendar year.
4. In the event that a lien is placed and the obligor's total supportobligation is eliminated, the director shall notify the department ofrevenue that the lien shall be removed.
5. Upon notification that a lien exists pursuant to this section, thedepartment of revenue shall register the lien on the records of thedepartment of revenue. Such registration shall contain the type and modelof the property and the serial number of the property.
6. Upon notification by the director that the lien shall be removedpursuant to subsection 4 of this section, the department of revenue shallregister such removal of lien on its database, that shall contain the typeand model of the property and the serial number of the property.
7. A good faith purchaser for value without notice of the lien or alender without notice of the lien takes free of the lien.
8. In cases which are not IV-D cases, to cause a lien pursuant to theprovisions of this section the obligee or the obligee's attorney shall filenotice of the lien with the department of revenue. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.
9. Notwithstanding any other law to the contrary, the department ofrevenue shall maintain a child support lien database that may be collectedagainst the owner on a certificate of ownership provided for by chapters301, 306 and 700, RSMo. To determine any existing liens for child supportpursuant to this section, the lienholder, dealer or buyer may inquireelectronically into the database. A good faith purchaser for value withoutnotice of the lien or a lender without notice of the lien takes free of thelien.
*This section was amended in 2002 by both H.B. 2008 and S.B. 895. Due to possible conflict, two versions of this section were printed. The language from S.B. 895 was repealed by H.B. 481, 2009. The language from H.B. 2008 is still existing law.
Lien on motor vehicles, boats, motors, manufactured homes andtrailers, when, procedure--notice, contents--registration oflien, restrictions, removal of lien--public sale, when--goodfaith purchasers--child support lien database to be maintained.
454.516. 1. The director or IV-D agency may cause a lien pursuant tosubsections 2 and 3 of this section or the obligee may cause a lienpursuant to subsection 8 of this section for unpaid and delinquent childsupport to block the issuance of a certificate of ownership for motorvehicles, motor boats, outboard motors, manufactured homes and trailersthat are registered in the name of a delinquent child support obligor.
2. The director or IV-D agency shall notify the department of revenuewith the required information necessary to impose a lien pursuant to thissection by filing a notice of lien.
3. The director or IV-D agency shall not notify the department ofrevenue and the department of revenue shall not register lien except asprovided in this subsection. After the director or IV-D agency decide thatsuch lien qualifies pursuant to this section and forward it to thedepartment of revenue, the director of revenue or the director's designeeshall only file such lien against the obligor's certificate of ownershipwhen:
(1) The obligor has unpaid child support which exceeds one thousanddollars;
(2) The property has a value of more than three thousand dollars asdetermined by current industry publications that provide such estimates todealers in the business, and the property's year of manufacture is withinseven years of the date of filing of the lien except in the case of a motorvehicle that has been designated a historic vehicle;
(3) The property has no more than two existing liens for childsupport;
(4) The property has had no more than three prior liens for childsupport in the same calendar year.
4. In the event that a lien is placed and the obligor's total supportobligation is eliminated, the director shall notify the department ofrevenue that the lien shall be removed.
5. Upon notification that a lien exists pursuant to this section, thedepartment of revenue shall register the lien on the records of thedepartment of revenue. Such registration shall contain the type and modelof the property and the serial number of the property.
6. Upon notification by the director that the lien shall be removedpursuant to subsection 4 of this section, the department of revenue shallregister such removal of lien on its database, that shall contain the typeand model of the property and the serial number of the property.
7. A good faith purchaser for value without notice of the lien or alender without notice of the lien takes free of the lien.
8. In cases which are not IV-D cases, to cause a lien pursuant to theprovisions of this section the obligee or the obligee's attorney shall filenotice of the lien with the department of revenue. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.
9. Notwithstanding any other law to the contrary, the department ofrevenue shall maintain a child support lien database that may be collectedagainst the owner on a certificate of ownership provided for by chapters301, 306 and 700, RSMo. To determine any existing liens for child supportpursuant to this section, the lienholder, dealer or buyer may inquireelectronically into the database. A good faith purchaser for value withoutnotice of the lien or a lender without notice of the lien takes free of thelien.
*This section was amended in 2002 by both H.B. 2008 and S.B. 895. Due to possible conflict, two versions of this section were printed. The language from S.B. 895 was repealed by H.B. 481, 2009. The language from H.B. 2008 is still existing law.
Lien on motor vehicles, boats, motors, manufactured homes andtrailers, when, procedure--notice, contents--registration oflien, restrictions, removal of lien--public sale, when--goodfaith purchasers--child support lien database to be maintained.
454.516. 1. The director or IV-D agency may cause a lien pursuant tosubsections 2 and 3 of this section or the obligee may cause a lienpursuant to subsection 8 of this section for unpaid and delinquent childsupport to block the issuance of a certificate of ownership for motorvehicles, motor boats, outboard motors, manufactured homes and trailersthat are registered in the name of a delinquent child support obligor.
2. The director or IV-D agency shall notify the department of revenuewith the required information necessary to impose a lien pursuant to thissection by filing a notice of lien.
3. The director or IV-D agency shall not notify the department ofrevenue and the department of revenue shall not register lien except asprovided in this subsection. After the director or IV-D agency decide thatsuch lien qualifies pursuant to this section and forward it to thedepartment of revenue, the director of revenue or the director's designeeshall only file such lien against the obligor's certificate of ownershipwhen:
(1) The obligor has unpaid child support which exceeds one thousanddollars;
(2) The property has a value of more than three thousand dollars asdetermined by current industry publications that provide such estimates todealers in the business, and the property's year of manufacture is withinseven years of the date of filing of the lien except in the case of a motorvehicle that has been designated a historic vehicle;
(3) The property has no more than two existing liens for childsupport;
(4) The property has had no more than three prior liens for childsupport in the same calendar year.
4. In the event that a lien is placed and the obligor's total supportobligation is eliminated, the director shall notify the department ofrevenue that the lien shall be removed.
5. Upon notification that a lien exists pursuant to this section, thedepartment of revenue shall register the lien on the records of thedepartment of revenue. Such registration shall contain the type and modelof the property and the serial number of the property.
6. Upon notification by the director that the lien shall be removedpursuant to subsection 4 of this section, the department of revenue shallregister such removal of lien on its database, that shall contain the typeand model of the property and the serial number of the property.
7. A good faith purchaser for value without notice of the lien or alender without notice of the lien takes free of the lien.
8. In cases which are not IV-D cases, to cause a lien pursuant to theprovisions of this section the obligee or the obligee's attorney shall filenotice of the lien with the department of revenue. This notice shall haveattached a certified copy of the court order with all modifications and asworn statement by the obligee or a certified statement from the courtattesting to or certifying the amount of arrearages.
9. Notwithstanding any other law to the contrary, the department ofrevenue shall maintain a child support lien database that may be collectedagainst the owner on a certificate of ownership provided for by chapters301, 306 and 700, RSMo. To determine any existing liens for child supportpursuant to this section, the lienholder, dealer or buyer may inquireelectronically into the database. A good faith purchaser for value withoutnotice of the lien or a lender without notice of the lien takes free of thelien.
*This section was amended in 2002 by both H.B. 2008 and S.B. 895. Due to possible conflict, two versions of this section were printed. The language from S.B. 895 was repealed by H.B. 481, 2009. The language from H.B. 2008 is still existing law.
