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AG19830725
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AG19830725
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Last modified
3/28/2003 9:13:47 AM
Creation date
11/27/2017 12:13:58 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/25/1983
Board
Board of Commissioners
Meeting Type
Regular
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§ i05-365 1951 SUPPLEMENT § 105:355 <br /> <br />§ 105-368. Procedure fl)r attachment and garnishment. <br />ia) Subject to the provisions ofG.S. 105-356 governing the priority ofthe lien <br />acquired the tax collector may attach wa~es and other compensation, rents, <br />bank deposits, the proceeds of broperty sub'oct to le';'y, or any other intangible <br />pe~onal proper'fy in the circumstances and to the extent prescribed in G.S. <br />105-366(bl, (el, and (d). <br />.... In the case of property due the taxpayer or to becon{e due to him within the <br />current calendar year, the person owing the property to the taxpayer or having <br />the prope~y in his Possession shall be liable for the taxes to the extent of the <br />amount he owes or has in his possession. However, when wages or other com- <br />pensation for personal services is attached, the garnishee shall not pay to the <br />tax collector more than ten percent (10%) Of such compensat on for any one pay <br />period. <br />(b) To proceed under this section, the tax collector shall serve or cause to be <br />~rved upon the taxpayer and the person owingor having in his possession the <br />wages, rents, debts or uther prope~y sought robe attached a notice as provided <br />by this subsection. The notice may be personally served by any deputy or <br />employee of the tax collector or by any officer having authority to serve sum- <br />monses or may be served in any manner providedin Rule 4 of the North <br />CaroLina Rules of Civil Procedure. The notice sba contain: <br />(1l The name of the taxpayer, and if knovm his Social Security number or <br /> federal tax identification number and his address. . <br /> (2) The amount of the taxes, penalties, interest, and costs (including the <br /> fees allowed by this section) and the year or years for which the taxes <br /> were imposed. <br /> (3) The name of the taxingunit or units by which the taxes were levied. <br /> (4l A brief description of the property sought to be attached. <br /> (5) A copy ortho applicable law, that is, G.$. i05-366 and 105-368. Notices <br /> concerning two or more taxpayers may be combined if they are to be <br /> served upon the same garnishee, but the taxes, penalties, interest, and <br /> Costs Charged against each taxpayer must be set forth separately. <br /> (c) If the garnishee has no defense to offer or no setoffagainst the taxpayer, <br /> he shall within 10 days after service of the notice answer it by sending to the <br /> tax collector by registered or certified mail a statement to that effect, and if the <br /> amount.demanded by the tax collector is then due to the taxpayer or subject <br /> to his demand, the garnishee shall remit it to the tax collector with his <br /> statement; but if the amount due to the taxpayer or subject to his demand is <br /> to mature in the future, the garnishee's statement shall set forth that fact, and <br /> the demand shall be paid to the tax collector upon maturity. Any poyment by <br /> the garnishee under the provisions of this subsection (c) shall completely <br /> satisfy any liability therefor on his part to the taxpayer. <br /> (d) If the garnishee has a defense or setoff against the taxpayer, he shall <br /> state it in writing under oath, and, within 10 days after service of the gar- <br /> nishment notice, he shall send two copies of his statement to the tax collector <br /> by registered or certified mail. If the tax collector admits the defense or setoff, <br /> he shall so advise the garnishee in writing within 10 days after receipt of the <br /> garnishee's statement, and the attachment or garnishment shall thereupon be <br /> discharged to the amount required by the de'base or setoff, and any amount <br /> attached or garnished which is not affected by the defense or setoff shall be <br /> remitted to the tax Collector as provided in subsection (cL above. <br /> If the tax collector does not admit the defense or sotoff, he shall set forth in <br /> writing his objections thereto and send a copy thereof to the garnishee within <br /> 10 days after receipt of the garnishee's statement,.or within such further time <br /> ss may be agreed on by the garnishee, and at the same time the tax collector <br /> shall file a copy of the notice of garnishment, a copy of the garnishee's <br /> statement, a Id a copy of the tax co lector's objectiops thereto in the appropriate <br /> <br /> 223 <br /> <br /> <br />
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