Legislation
SECTION 2105-A
Liens on motor vehicles for failure to make child support payments
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 10, ARTICLE 46
§ 2105-a. Liens on motor vehicles for failure to make child support
payments. (a) The commissioner, on behalf of the department, shall enter
into a written agreement with the commissioner of the office of
temporary and disability assistance which shall set forth the procedures
for creation of security interests on vehicles in favor of the office of
temporary and disability assistance, a social services district or its
authorized representative as provided for in section two hundred eleven
of the lien law and section one hundred eleven-u of the social services
law.
(b) Such agreement shall include:
(1) the procedures under which the office of temporary and disability
assistance shall notify the department of a security interest arising
for failure to make payments of child support or combined child and
spousal support, including data standards for determining that the
person against whom such lien will be imposed is the person owing such
arrears;
(2) the procedures under which the office of temporary and disability
assistance shall notify the department that an individual has satisfied
the security interest;
(3) the procedure, subject to the approval of the director of the
division of the budget, for reimbursement of the department and its
agents for the additional costs of carrying out the procedures
authorized by this section, section two hundred eleven of the lien law
and section one hundred eleven-u of the social services law;
(4) such other matters as the parties to such agreement shall deem
necessary to carry out the provisions of this section, section two
hundred eleven of the lien law and section one hundred eleven-u of the
social services law.
(c) A security interest arising under section two hundred eleven of
the lien law and entered into the records of the department pursuant to
this article shall be listed on any subsequent certificate of title
issued to such person for the same or any other vehicle.
(d) Notwithstanding any other inconsistent provision of law, any
purchaser of a vehicle which is subject to a security interest under
this section, including a motor vehicle dealer registered under section
four hundred fifteen of this chapter, shall take such vehicle
unencumbered by such lien which was not recorded on the certificate of
title used to transfer the vehicle.
payments. (a) The commissioner, on behalf of the department, shall enter
into a written agreement with the commissioner of the office of
temporary and disability assistance which shall set forth the procedures
for creation of security interests on vehicles in favor of the office of
temporary and disability assistance, a social services district or its
authorized representative as provided for in section two hundred eleven
of the lien law and section one hundred eleven-u of the social services
law.
(b) Such agreement shall include:
(1) the procedures under which the office of temporary and disability
assistance shall notify the department of a security interest arising
for failure to make payments of child support or combined child and
spousal support, including data standards for determining that the
person against whom such lien will be imposed is the person owing such
arrears;
(2) the procedures under which the office of temporary and disability
assistance shall notify the department that an individual has satisfied
the security interest;
(3) the procedure, subject to the approval of the director of the
division of the budget, for reimbursement of the department and its
agents for the additional costs of carrying out the procedures
authorized by this section, section two hundred eleven of the lien law
and section one hundred eleven-u of the social services law;
(4) such other matters as the parties to such agreement shall deem
necessary to carry out the provisions of this section, section two
hundred eleven of the lien law and section one hundred eleven-u of the
social services law.
(c) A security interest arising under section two hundred eleven of
the lien law and entered into the records of the department pursuant to
this article shall be listed on any subsequent certificate of title
issued to such person for the same or any other vehicle.
(d) Notwithstanding any other inconsistent provision of law, any
purchaser of a vehicle which is subject to a security interest under
this section, including a motor vehicle dealer registered under section
four hundred fifteen of this chapter, shall take such vehicle
unencumbered by such lien which was not recorded on the certificate of
title used to transfer the vehicle.