(a)
(1) Except as provided in subsection (c), in seeking to secure reimbursement under this part, the attorney general and reporter may use any remedy, interim order, or enforcement procedure allowed by law or court rule, excluding an ex parte restraining order to restrain the inmate or any other person or legal entity in possession or having custody of the estate of the inmate from disposing of certain property, pending a hearing or an order to show cause why the particular property should not be applied to reimburse the state as provided for under this part.
(2) With respect to any lien or similar interest or encumbrance upon real property that is asserted under this section, that lien or similar interest or encumbrance shall be effective only when the party claiming the benefit of it causes a notice thereof to be filed in the office of the register of deeds of the county in which the property lies and that lien or similar interest or encumbrance shall be second to liens of the state, county and municipality for taxes, any lien of the county for special assessments and any valid lien, right or interest in the property duly recorded or duly perfected by filing prior to the filing of the notice. The notice shall identify the owner of record of the real property, contain the property address, describe the property sufficiently to identify it and recite the amount of the obligation secured by the lien.
(b) To protect and maintain assets pending resolution of an action under this part, the court, upon request, may appoint a receiver.
(c) The attorney general and reporter or a prosecuting attorney shall not enforce any judgment obtained under this part by means of execution against the homestead of the inmate. The attorney general and reporter shall enforce this part, except that the attorney general and reporter may request the prosecuting attorney of the county in which the inmate was sentenced or the prosecuting attorney of the county in which any asset of an inmate is located to make an investigation or assist in a legal proceeding under this part.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.