454.519. Lien on rights of action for personal injury or negligence, when, procedure--notice, contents--liability of persons making payment or settlement after notice.
Lien on rights of action for personal injury or negligence, when,procedure--notice, contents--liability of persons making payment orsettlement after notice.
454.519. 1. The director, IV-D agency or the obligee may cause alien for unpaid and delinquent child or spousal support to be placed uponany and all demands or rights of action for negligence or personal injurywhich any obligor delinquent in child or spousal support payments may have.
2. No such lien shall be effective unless and until a written noticeis mailed by certified mail, return receipt requested, to the allegedtort-feasor or the attorney of record, if any. The notice shall containthe name and address of the delinquent obligor, the Social Security numberof the obligor, if known, the name of the obligee, and the amount ofdelinquent child or spousal support. The notice shall also instruct thetort-feasor to mail a copy of the notice of lien to the tort-feasor'sinsurance carrier, if any.
3. Notice of this lien shall not be mailed unless the delinquentchild or spousal support obligation exceeds one hundred dollars.
4. Any person or persons, firm or firms, corporation or corporations,including an insurance carrier, making any payment or settlement in full orpartial satisfaction of the demand or right of action, after receipt by thetort-feasor of the notice of lien, shall be liable to the obligee or, ifsupport has been assigned pursuant to subsection 2 of section 208.040,RSMo, to the state or IV-D agency in an amount equal to the lesser of thepayment or settlement, or the delinquent child or spousal support. In suchevent, the lien may be enforced by a suit at law against any person orpersons, firm or firms, corporation or corporations making the payment orsettlement.
5. 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 lienholder or payor. 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.
(L. 1986 H.B. 1479, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)Effective 7-1-97