N.Y. Vehicle & Traffic Law Section 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 Lien Law § 211 (Arrears/past due support)section two hundred eleven of the lien law and Social Services Law § 111-U (Liens)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, Lien Law § 211 (Arrears/past due support)section two hundred eleven of the lien law and Social Services Law § 111-U (Liens)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, Lien Law § 211 (Arrears/past due support)section two hundred eleven of the lien law and Social Services Law § 111-U (Liens)section one hundred eleven-u of the social services law.

(c)

A security interest arising under Lien Law § 211 (Arrears/past due support)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 § 415 (Registration of manufacturers, dealers, repairmen and others)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.

Source: Section 2105-A — Liens on motor vehicles for failure to make child support payments, https://www.­nysenate.­gov/legislation/laws/VAT/2105-A (updated Sep. 22, 2014; accessed Jul. 13, 2024).

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 2105-A’s source at nysenate​.gov

Link Style