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AG19910107
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AG19910107
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Last modified
3/28/2003 9:14:43 AM
Creation date
11/27/2017 12:02:48 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/7/1991
Board
Board of Commissioners
Meeting Type
Regular
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I §105-368 CH. 105. T.I.'(-ITION §105-36~ <br /> the taxpayer or having the pro~Imrty in his possession shall be liable <br /> I for the taxes to the extent of the amount he owes or has in his <br /> possession. However, when wages or other compensation for per- <br /> sonal ser~,ices is atteched, the garnishee shall not pay to the tax <br /> collector more than ten percent (10~) of such Compensation for any <br /> I one pay period. <br /> (b) To proceed under this section, the tax collector shall serve or <br /> cause to be san, ed upon the tsxpayer and the person owing or hav- <br /> ing in his pos.~-ssion the wa§es, rents, debts or other property <br /> I sought to a as provided by <br /> be <br /> this <br /> The <br /> not, ce may ~.. persenally served by any deputy or employee of the <br /> tax collector orby any officer ha~'ing authority to serve s~monses, <br /> <br /> Carolina Rules of CivilProcedure. The notice shall contain: <br /> I or may be sera'ed in any manner provided in Rule 4 of the North <br /> (1) The name of the taxpa)'er, and if known his S~clal Security <br /> number or federal tax identification number and his ad- <br /> I dress. <br /> (2) The amount of the taxes, penalties, interest, emd costs (in- <br /> ' eluding the fees allowed h¥ this section) and the ),ear or <br /> ).ears for which the t~xes were imposed.. <br /> (3) The name of the taxing unit or units by which the taxes <br /> I were levied. <br /> (~t) A brief description of the property sought to be attached. <br /> (5) A copy of the applicable law, that is, G.S. 105-366 and <br /> - - 105-368. Notices concerning two or more ta~,-payers may be <br /> I combined if they to be sera-ed the <br /> garnishee, <br /> but the taxes, penalties, interest' and cosLs charged <br /> : against each taxpayer mttst be set forth separately. <br /> (c) Il'the garnishee has no defense to offer or no setoffagainst the <br /> I tax-payer, he shall within 10 days niter safe, ce of the notice <br /> it by sending to the tax co]lector by registered or certified mail a <br /> statement to that effect, and if the amount demanded by *.he tax <br /> collector is then dueto the taxpayer or scbject to his demand, the <br /> I shall remit it to the tax collector with his statement; but <br /> ~arnishee <br /> it' the amount due to the taxpayer,or subject to his demand is to <br /> mature in the future, the garnishee s statement shall sat forth that <br /> fact, and the demand shall be paid to the tax collector upon matu- <br /> · rity. Any pa)~nent by the garnishee under the pro~'isions of this <br /> subsactien (c) shall completely satisfy any liability therefor on his <br />. part to the taxpayer. <br /> (d) If the garni.,hee has a defense or setoff against the taxpayer, <br />· · he shall state it in ~iting under oath, and, within l0 days after <br /> sarvlce of the garnishment notice, he shall send two copies of his <br /> statement to the tax collector by registered or certified mail. If the <br /> tax collector admits the defense or satoff, ha shall so advise the <br />~ · garnishee in ~?iting within 10 days after receipt of the garnlshee's <br /> · <br /> statement, and the attachment or garnishment shall thereupon be <br /> discharged to the amount required by the defense or satoff, and any <br /> amount attashed or ~arnished which is not affected by the defense <br /> I or aetoffshall be remltted to the Lax collectar as pro~'ided in subsac- <br /> tlon (c)0 above. <br /> Ii'the tax collector does not admit the defense or satoff, he shall <br /> set forth in writing his objections thereto and sand a copy thereof to <br /> I the garnishee within 10 days ajar receipt ofthe garm~]~ee's state- <br /> ment, or within s¥ch further time as may be agreed on by the <br /> garnishee, and at the same time the tax collector shall file a copy of <br /> <br /> I 698 <br /> <br /> <br />
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