26B-9-215.  Effect of lien.

(1)  After receiving notice that a support lien has been filed under this part by the office, no person in possession of any property which may be subject to that lien may pay over, release, sell, transfer, encumber, or convey that property to any person other than the office, unless he first receives:

Terms Used In Utah Code 26B-9-215

  • Court order: means a judgment or order of a tribunal of appropriate jurisdiction of this state, another state, Native American tribe, the federal government, or any other comparable jurisdiction. See Utah Code 26B-9-201
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligor: means a person, firm, corporation, or the estate of a decedent owing a duty of support to this state, to an individual, to another state, or other corporate jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-201
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Person: includes an individual, firm, corporation, association, political subdivision, department, or office. See Utah Code 26B-9-201
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Support: includes past-due, present, and future obligations established by:
(a) a tribunal or imposed by law for the financial support, maintenance, medical, or dental care of a dependent child; and
(b) a tribunal for the financial support of a spouse or former spouse with whom the obligor's dependent child resides if the obligor also owes a child support obligation that is being enforced by the state. See Utah Code 26B-9-201
(a)  a release or waiver thereof from the office; or

(b)  a court order that orders release of the lien on the basis that the debt does not exist or has been satisfied.

(2)  Whenever any such person has in his possession earnings, deposits, accounts, or balances in excess of $100 over the amount of the debt claimed by the office, that person may, without liability under this part, release that excess to the obligor.

Renumbered and Amended by Chapter 305, 2023 General Session