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Motor Vehicle Lien

Quick Facts

Court order for lien will be stayed for 90 days pending payment agreement.
Vehicle value determined by NADA guidelines.
Obligor may request hearing before judgment.
90 day notice required.

Judicial Proceedings

If a court finds that the obligor is a debtor for a judgment debt resulting from nonpayment of court-ordered child support or spousal 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 will 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, unless the court finds that the obligor is in compliance with a written payment agreement 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. If the obligor has not executed or is not in compliance with a written payment agreement 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 will record the lien on any motor vehicle certificate of title subsequently issued in the name of the obligor. This remedy is in addition to any other enforcement remedy available to the court.

Administrative Proceedings

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 will 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 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. This remedy is in addition to any other enforcement remedy available to the public agency.

Notice to Obligor

At least 90 days before notifying the commissioner of public, 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. 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 that is approved by the public authority within 90 days of the date of the notice, the public authority will direct the commissioner of public safety to record the lien.

Obligor May Request Hearing

At a hearing requested by the obligor, 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 court or child support magistrate will 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.

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 or that the value of the motor vehicle is less than the exemption provided by Minnesota law. Within 15 days of the receipt of that proof, the court or public authority must either execute a release of security interest and mail or deliver the release to the owner or other authorized person, or 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.

How to Determine Vehicle Value

Any lien recorded against a motor vehicle certificate of title attaches only to the nonexempt value of the motor vehicle. 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.