23-753. Surrender of property subject to levy; definition

A. Except as provided in subsection B of this section, a person in possession of, or obligated with respect to, property or rights to property subject to levy on which a levy has been made, on demand of the department, shall surrender the property or rights to property or discharge the obligation to the department, except any part of the property or rights to property that is, at the time of the demand, subject to an attachment or execution under any judicial process.

B. A levy on an organization with respect to a life insurance or endowment contract issued by the organization, without necessity for the surrender of the contract document, constitutes a demand by the department for payment of the amount described in this subsection and the exercise of the right of the debtor to the advance of this amount. The organization shall pay the amount within ninety days after service of the notice of the levy. The notice shall include a certification by the department that a copy of the notice has been mailed to the debtor at the last known address. The levy is deemed to be satisfied if the organization pays to the department the amount which the debtor could have had advanced to the debtor by the organization on the date prescribed in this subsection for the satisfaction of the levy, increased by the amount of any advance, including contractual interest, made to the debtor on or after the date the organization had actual notice or knowledge of the lien with respect to which the levy is made, other than an advance, including contractual interest, made automatically to maintain the contract in force under an agreement entered into before the organization has notice or knowledge. The satisfaction of a levy under this subsection is without prejudice to any civil action for the enforcement of any lien imposed by this chapter with respect to the contract.

C. A person who fails or refuses to surrender any property or rights to property subject to levy, on demand by the department, is liable to the department in an amount equal to the value of the property or rights to property not surrendered, but not exceeding the amount for which the levy has been made, with costs and interest on this amount at a rate determined pursuant to section 23-736 from the date of the levy or, in the case of a levy described in section 23-752, subsection D, from the date the person would otherwise have been obligated to pay the amounts to the debtor. Any amount, other than costs, recovered under this subsection shall be credited against the liability for which the levy was made.

D. A person in possession of or obligated with respect to property or rights to property subject to levy on which a levy has been made who, on demand by the department, surrenders the property or rights to property or discharges the obligation to the department, or who pays a liability under subsection C of this section, is discharged from any obligation or liability to the debtor with respect to the property or rights to property arising from the surrender or payment. In the case of a levy which is satisfied pursuant to subsection B of this section, the organization is also discharged from any obligation or liability to any beneficiary arising from the surrender or payment.

E. As used in this section " person" includes an officer or employee of a corporation, an officer, employee or elected official of this state or its political subdivisions, any agency or instrumentality of this state or a member or employee of a partnership, who as an officer, employee, elected official or member is under a duty to surrender the property or rights to property or to discharge an obligation pursuant to this section.