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Minnesota Legislature

Office of the Revisor of Statutes

518A.67 MOTOR VEHICLE LIEN.
(a) Upon motion of an obligee, if a court finds that the obligor is a debtor for a judgment
debt resulting from nonpayment of court-ordered child support or maintenance payments, or
both, in an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments, the court shall order the commissioner of public safety to enter a lien in
the name of the obligee or in the name of the state of Minnesota, as appropriate, in accordance
with section 168A.05, subdivision 8, unless the court finds that the obligor is in compliance
with a written payment agreement pursuant to section 518A.69 that is approved by the court, a
child support magistrate, or the public authority. The court's order must be stayed for 90 days in
order to allow the obligor to execute a written payment agreement pursuant to section 518A.69,
which shall be approved by either the court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in compliance with a written payment
agreement pursuant to section 518A.69 that is approved by the court, a child support magistrate,
or the public authority within the 90-day period, the court's order becomes effective and the
commissioner of public safety shall record the lien on any motor vehicle certificate of title
subsequently issued in the name of the obligor. The remedy under this section is in addition to any
other enforcement remedy available to the court.
(b) If a public authority responsible for child support enforcement determines that the
obligor is a debtor for judgment debt resulting from nonpayment of court-ordered child support or
maintenance payments, or both, in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments, the public authority shall direct the commissioner of
public safety to enter a lien in the name of the obligee or in the name of the state of Minnesota,
as appropriate, under section 168A.05, subdivision 8, on any motor vehicle certificate of title
subsequently issued in the name of the obligor unless the public authority determines that the
obligor is in compliance with a written payment agreement pursuant to section 518A.69 that is
approved by the court, a child support magistrate, or the public authority. The remedy under this
section is in addition to any other enforcement remedy available to the public agency.
(c) At least 90 days prior to notifying the commissioner of public safety pursuant to
paragraph (b), the public authority must mail a written notice to the obligor at the obligor's last
known address, that it intends to record a lien on any motor vehicle certificate of title subsequently
issued in the name of the obligor and that the obligor must request a hearing within 30 days in
order to contest the action. If the obligor makes a written request for a hearing within 30 days
of the date of the notice, a court hearing must be held. Notwithstanding any law to the contrary,
the obligor must be served with 14 days' notice in writing specifying the time and place of the
hearing and the allegations against the obligor. The notice may be served personally or by
mail. If the public authority does not receive a request for a hearing within 30 days of the date
of the notice and the obligor does not execute or is not in compliance with a written payment
agreement pursuant to section 518A.69 that is approved by the public authority within 90 days
of the date of the notice, the public authority shall direct the commissioner of public safety to
record the lien under paragraph (b).
(d) At a hearing requested by the obligor under paragraph (c), and on finding that the obligor
is in arrears in court-ordered child support or maintenance payments or both in an amount equal
to or greater than three times the obligor's total monthly support and maintenance payments, the
district court or child support magistrate shall order the commissioner of public safety to record
the lien unless the court or child support magistrate determines that the obligor has executed and
is in compliance with a written payment agreement pursuant to section 518A.69 that is determined
to be acceptable by the court, a child support magistrate, or the public authority.
(e) An obligor may provide proof to the court or the public authority responsible for child
support enforcement that the obligor is in compliance with all written payment agreements
pursuant to section 518A.69 or that the value of the motor vehicle is less than the exemption
provided under section 550.37. Within 15 days of the receipt of that proof, the court or public
authority shall either execute a release of security interest under section 168A.20, subdivision
4
, and mail or deliver the release to the owner or other authorized person or shall direct the
commissioner of public safety not to enter a lien on any motor vehicle certificate of title
subsequently issued in the name of the obligor in instances where a lien has not yet been entered.
(f) Any lien recorded against a motor vehicle certificate of title under this section and section
168A.05, subdivision 8, attaches only to the nonexempt value of the motor vehicle as determined
in accordance with section 550.37. The value of a motor vehicle must be determined in accordance
with the retail value described in the N.A.D.A. Official Used Car Guide, Midwest Edition, for the
current year, or in accordance with the purchase price as defined in section 297B.01, subdivision 8.
History: 1971 c 961 s 21; 1974 c 107 s 20; 1977 c 282 s 29; 1978 c 772 s 50; 1979 c 259
s 25; 1981 c 349 s 6; 1981 c 360 art 2 s 46; 3Sp1981 c 3 s 19; 1982 c 488 s 4,5; 1983 c 308 s
16-20; 1984 c 547 s 18,19; 1985 c 131 s 7; 1986 c 406 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82;
1987 c 403 art 3 s 79,80; 1988 c 593 s 8; 1988 c 668 s 17,18; 1989 c 282 art 2 s 190,191; 1990 c
568 art 2 s 70-72; 1990 c 574 s 18; 1991 c 266 s 2; 1991 c 292 art 5 s 75-78; 1992 c 513 art 8 s
53,54; 1993 c 34 s 1; 1993 c 322 s 12; 1993 c 340 s 32-38; 1Sp1993 c 1 art 6 s 44; 1994 c 483 s
1; 1994 c 488 s 8; 1994 c 630 art 11 s 9,10; 1995 c 186 s 94; 1995 c 257 art 1 s 23-26; 1997 c 66
s 79; 1997 c 203 art 6 s 42,43; 1997 c 245 art 1 s 13-17; art 3 s 10; 1998 c 382 art 1 s 7-11; 1999
c 107 s 66; 1999 c 159 s 136; 1999 c 196 art 1 s 6; art 2 s 9-11; 1999 c 245 art 7 s 8; 2000 c
343 s 4; 2000 c 444 art 2 s 37; 2001 c 51 s 13,14; 2001 c 134 s 1; 2001 c 158 s 1; 2002 c 344
s 13-16; 2003 c 130 s 12; 1Sp2003 c 14 art 6 s 58; art 10 s 5,6; 2005 c 116 s 4; 2005 c 164 s
7,8,29; 1Sp2005 c 7 s 28; 2006 c 280 s 15,16,22; 2006 c 282 art 18 s 3