§ 15-21-5 - Levy of personal property.
SECTION 15-21-5
§ 15-21-5 Levy of personal property.– (a) In any case where the department has perfected a lien pursuant to §15-21-4, the department may collect unpaid child support and levy upon allproperty as provided in this section. The department shall have the authorityto issue an administrative notice of levy or administrative writ of executionto effectuate a levy under this chapter of the law. The term "levy" includesthe power of seizure by any means authorized by law. The department may seizeand sell any property that is subject to levy. Any person in possession ofproperty upon which a lien has been imposed shall, upon demand, surrender theproperty to the department.
(b) A levy on property held by an organization with respectto a life insurance or endowment contract shall, without necessity for thesurrender of the contract document, constitute a demand by the department forpayment of the amount of the lien and the exercise of the right of the obligorto the advance of that amount. The organization shall pay the amount withinninety (90) days after service of notice of levy. The levy shall be deemed tobe satisfied if the organization pays over to the department the full amountwhich the obligor could have had advanced to him or her, provided that theamount does not exceed the amount of the lien.
(c) Whenever any property upon which levy has been made isnot sufficient to satisfy the claim of the state for which levy is made, thedepartment may thereafter, as often as necessary, proceed to levy, with notice,upon any other personal property of the obligor liable to levy, until theamount due from him or her, together with expenses, is fully paid. In allcases, any support obligations shall be fully satisfied prior to payments forexpenses.
(d) Upon demand by the department, a person who fails orrefuses to surrender personal property subject to levy shall be liable in hisor her own person and estate to the state in a sum equal to the value of theproperty not so surrendered, but not exceeding the amount of the lien, togetherwith costs and interest, at the rate authorized for civil judgments, from thedate of the levy. In addition, any person required to surrender property whofails or refuses to surrender the property without reasonable cause shall beliable for a penalty equal to twenty-five percent (25%) of the amountrecoverable. The interest or penalty incurred under this subsection shall bepaid to the general fund and shall not be credited against the child supportliability. Any non-obligor party aggrieved by a decision of the department may,within ten (10) days of receipt of notice of demand, request an administrativehearing with the department.
[See § 12-1-15 of the General Laws.]