|§ 44-86||Lien on real and personal property of person owing past-due child support; definitions; filing required; discharge|
|§ 44-87||Discharge of lien; penalty for failure to discharge|
Terms Used In North Carolina General Statutes > Chapter 44 > Article 15
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Definitions: As used in this Article, the terms "designated representative" "obligee" and "obligor" have the meanings given them in G. See North Carolina General Statutes 44-86
- Docket: A log containing brief entries of court proceedings.
- Execution on the Lien: A designated representative in a IV-D case, after 30 days from the docketing of the perfected lien, or an obligee in a non-IV-D case, after docketing the perfected lien, may enforce the lien in the same manner as for a civil judgment. See North Carolina General Statutes 44-86
- Filing and Perfection of Lien: The verified statement shall be filed in the office of the clerk of superior court in the county in which the child support was ordered. See North Carolina General Statutes 44-86
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- IV-D Cases: In IV-D cases, the filing of a verified statement with the clerk of court by the designated representative shall perfect the lien. See North Carolina General Statutes 44-86
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien Superior to Subsequent Liens: Except as otherwise provided by law, a lien established in accordance with this section shall take priority over all other liens subsequently acquired and shall continue from the date of filing until discharged in accordance with G. See North Carolina General Statutes 44-86
- Liens Arising Out-of-State: This State shall accord full faith and credit to child support liens arising in another state when the child support enforcement agency, party, or other entity seeking to enforce the lien complies with the requirements relating to recording and serving child support liens as set forth in this Article and with the requirements relating to the enforcement of foreign judgments as set forth in Chapter 1C of the General Statutes. See North Carolina General Statutes 44-86
- Non-IV-D Cases: In a non-IV-D case, the notice to the obligor of the filing of the verified statement shall state that the obligor has 30 days from the date of service to request a hearing before a district court judge to contest the validity of the lien. See North Carolina General Statutes 44-86
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.