63.2-1933 - Distraint, seizure and sale of property subject to liens.
§ 63.2-1933. Distraint, seizure and sale of property subject to liens.
Whenever a support lien has been filed pursuant to § 63.2-1927, theCommissioner may collect the support debt stated in such lien by distraint,seizure and sale of the property subject to such lien. The Commissioner shallgive notice to the debtor and any person known to have or claim an interesttherein of the general description of the property to be sold and the timeand place of sale of such property. Such notice shall be given to suchpersons by certified mail, return receipt requested. A notice specifying theproperty to be sold shall be posted in at least two public places in thejurisdiction wherein the distraint has been made. The time of sale shall notbe less than ten nor more than twenty days from the date of posting of suchnotices. Such sale shall be conducted by the Commissioner, who shall proceedto sell such property by parcel or by lot at a public auction, and who mayset a minimum reasonable price to include the expenses of making a levy andof advertising the sale, and if the amount bid for such property at the saleis not equal to the price so fixed, the Commissioner may declare suchproperty to be purchased by the Department for such price, or may conductanother sale of such property pursuant to the provisions of this section. Inthe event of sale, the debtor's account shall be credited with the amount forwhich the property has been sold. Property acquired by the Department asherein prescribed may be sold by the Commissioner at public or private sale,and the amount realized shall be placed in the state general fund to thecredit of the Department. In all cases of sale, as aforesaid, theCommissioner shall issue a bill of sale or a deed to the purchaser and suchbill of sale or deed shall be prima facie evidence of the right of theCommissioner to make such sale and conclusive evidence of the regularity ofhis proceeding in making the sale and shall transfer to the purchaser allright, title, and interest of the debtor in such property. The proceeds ofany such sale, except in those cases wherein the property has been acquiredby the Department, shall be first applied by the Commissioner toreimbursement of the costs of distraint and the sale, and thereafter insatisfaction of the delinquent account. Any excess which shall thereafterremain in the hands of the Commissioner shall be refunded to the debtor. Sumsso refundable to a debtor may be subject to seizure or distraint by anytaxing authority of the Commonwealth or its political subdivisions or by theCommissioner for new sums due and owing subsequent to the subject proceeding.Except as specifically provided in this chapter, there shall be exempt fromattachment, distraint, seizure, execution and sale under this chapter suchproperty as is exempt therefrom under the laws of this Commonwealth.
(1974, c. 413, § 63.1-261; 1975, cc. 311, 596; 1976, c. 357; 2002, c. 747.)