SENATE BILL REPORT

SB 6564

BYSenators Pullen, Madsen and McCaslin

Extending periods of effectiveness of support debt liens.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Senate Staff:Lidia Mori (786-7418)

AS OF FEBRUARY 4, 1988

BACKGROUND:

The Secretary of the Department of Social and Health Services may issue a notice of a support debt created by a superior court order to the responsible parent or parents or may issue a notice and finding of financial responsibility.  The notice may be served personally upon the debtor or sent by certified mail.  Twenty-one days after service of the notice of debt or notice and finding of financial responsibility, the secretary may assert a lien against the real or personal property of the debtor for the amount of the support debt.  There is no point in time at which the lien will lapse. 

SUMMARY:

A lien which derives from a notice of support debt or a notice and finding of financial responsibility will be effective for a period of ten years from the date of recording with the county auditor.  The lien will lapse upon the expiration of the ten-year period unless a statement of continuation is recorded with the county auditor.  Upon recording, the effectiveness of the lien will continue for an additional ten years.  The same procedure will continue the lien for successive ten-year periods.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 4, 1988