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Laws
89 Illinois Administrative Code 160.70 (g)
g) Liens Against Real Estate and Personal Property - Administrative Enforcement
of Order
for Support
1) Liens against real estate
A) The Department shall impose liens against real estate of responsible relatives in IV-D cases in accordance with Article X of the Illinois Public Aid Code when both of the following circumstances exist:
i) the amount of past-due support is at least $10,000; and
ii) the responsible relative has an interest in real estate against which a lien may be claimed.
B) The Department shall prepare a Notice of Lien or Levy that shall be provided to the responsible relative and recorded or filed with the
Recorder or Registrar of Titles of the county in which the real estate of the responsible relative is located. The notice shall inform the responsible relative and the Recorder or Registrar of Titles of the following:i) the name and address of the responsible relative;
ii) a legal description of the real estate to be levied;
iii) the amount of past-due support to be satisfied by the levy;
iv) the fact that a lien is being claimed for past-due child support owed by the responsible relative; and
v) the right to prevent action against the real property by payment of the past-due support amount in full or to contest the determination that past-due support is owed or the amount of past-due support by requesting a hearing by the Department.
C) A written request for hearing made within 15 days after the date of mailing the Notice of Lien or Levy shall stay the Department from taking action against the real property, although the lien shall remain in effect during the pendency of any protest or appeal taken pursuant to this subsection (g).
D) The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of the written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.
E) The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.
F) The lien shall be enforced against the real estate in accordance with Article X of the Illinois Public Aid Code and Article XII of the Code of Civil Procedure when the responsible relative has a known equity in the real estate that is not less than $10,000 in excess of any statutory exemption.
2) Liens against personal property
A) The Department shall impose liens against personal property of responsible relatives in IV-D cases in accordance with Article X of the
Illinois Public Aid Code when the following circumstances exist:i) the amount of past-due support is at least $1,000;
ii) the responsible relative has an interest in personal property against which a lien may be claimed; and
iii) if the personal property to be levied is an account as defined in Section 10-24 of the Illinois Public Aid Code [305 ILCS 5/10-24], the account is valued in the amount of at least $300.
B) The Department shall prepare a Notice of Lien or Levy that shall be provided to the responsible relative, any joint owner of whom the
Department has knowledge and location information, and either the financial institution in which the account of the responsible relative is located or the sheriff of the county in which the personal property of the responsible relative is located. The notice shall inform the responsible relative, joint owner if applicable, and the financial institution or the sheriff of the following:i) the name and address of the responsible relative;
ii) a description of the account or personal property to be levied;
iii) the amount of past-due support to be satisfied by the levy;
iv) the fact that a lien is being claimed for past-due child support owed by the responsible relative;
v) the right of the responsible relative to prevent levy upon the personal property, including accounts, by payment of the past-due support amount in full or by contesting the determination that past-due support is owed or the amount of past-due support by requesting a hearing within 15 days after the date of mailing of the Notice of Lien or Levy; and
vi) the right of a joint owner to prevent levy upon his or her share of the account or other personal property or to seek a refund of his or her share of the account or other personal property already levied, by requesting, within 15 days after the date of mailing of the Notice of Lien or Levy to the joint owner, a hearing by the Department to determine his or her share of the account or other personal property. A joint owner who is not provided with a Notice of Lien or Levy by the Department may request a hearing by the Department within 45 days after the date of levy of the account or other personal property.
C) In addition to the information to be included in the Notice of Lien or Levy under subsection (g)(2)(B), the Notice of Lien or Levy provided to a financial institution shall:
i) state that the lien is subordinate to any prior lien or prior right of set-off that the financial institution may have against the assets, or in the case of an insurance company or benefit association only in the accounts as defined in Section 10-24 of the Illinois Public Aid Code [305 ILCS 5/10-24];
ii) state that upon being served with the Notice of Lien or Levy that the financial institution shall encumber the assets in the account, and surrender and remit such assets within five days of being served with a Notice to Surrender Assets by the Department;
iii) state that the financial institution may charge the responsible relative’s account a fee of up to $50, and that the amount of any such fee be deducted from the account before remitting any assets from the account to the Department; and
iv) include a form, Response to Notice of Lien or Levy, to be completed by the financial institution and returned to the Department within 30 days after receipt of the Notice of Lien.
D) The form for the response to Notice of Lien or Levy provided for under subsection (g)(2)(C)(iv) of this Section shall include provisions for the financial institution to complete stating:
i) the amount of assets in the responsible relative’s account;
ii) the amount of the fee to be deducted from the account;
iii) the amount of assets in the account subject to a prior lien or prior right of set-off of the financial institution;
iv the name and address of any joint owners of the account; and
v) the amount of assets surrendered and remitted to the Department.
E) A written request for a hearing made within 15 days after the date of mailing the Notice of Lien or Levy shall stay the Department from levying upon the personal property, although the lien shall remain in effect during the pendency of any appeal taken pursuant to this subsection (g).
F) The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of the responsible relative's written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.
G) The Department shall proceed in accordance with 89 Ill. Adm. Code 104.110 upon receipt of a joint owner’s written request for a hearing.
H) The Department, upon determining a joint owner’s share of the personal property or account, shall release the lien against the personal property or account to the extent of the joint owner’s share. If the Department's determination of the joint owner's share occurs after the personal property or account has been levied, the Department shall refund the joint owner's share of the personal property or account.
I) The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.
J) Information obtained from financial institutions as to the location of personal property, including accounts, of responsible relatives shall be subject to all State and federal confidentiality laws and regulations. Following data exchange with financial institutions to locate personal property of responsible relatives, the Department shall return to financial institutions such data that does not relate to a responsible relative whose personal property may be subject to lien or levy under this subsection (g).