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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/25/1983
Board
Board of Commissioners
Meeting Type
Regular
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§ 105-368 GENERAL STATUTE~ O? NORTH CAROLINA <br /> <br />division of the General Court of .Justice of the county in which the garnishee <br />resides or doe& business, where the issues made shall be tried as in civil actions. <br />lei [f the garnishee has not resoonded to the notice of garnishment as <br />required by subsections Icl and ~d~. ~bov,~. w~thin 15 days after service of the <br />notice, the' tax collector may file in the appropriate division of ti-? Genera'. <br />Court of.Justice of the county in which the garnishee resides a cop3' o~ the notice <br />of garnishment, accompanied bva written statement that the garnishee ha_~ <br />not responded thereto and a reqhest for judgment, and the issues shall be tried <br />as in civil actions <br />(D The taxpayer may raise any defenses to the attachment or garnishment <br />that he nmy h~ve in [he manner provided in subsection ~d~. above, for the <br />garnishee. <br />(gl The fee for serving a notice of garnishment .~hall be the same as that <br />charged in a civil action. If judgment is entered in favor of the taxing unit by <br />default or after hearing the garnishee shall become liable for ~he taxes, penai- <br />ties and interest due by the taxpayer, plus the fees and costs of the action, but <br />payment shall not he required trom amounts which are not to become due to <br />th~ taxpayer until they actually come due. The garnishee may satist:v the <br />judgment upon paving the amount thereof, and ifhe fails to do so, e::ecution <br />may issue as provi~led by law. From any judgment or order entered either the <br />taxing unit or the garnishee may appeal as provided by !aw. if, before or after <br />judgment, adequate security is filed for the payment of the taxes, penalties. <br />interest, and costs, the tax collector may release the attachment or gar- <br />- nishment, or execution may be staved ai the request of the tax collector <br />pend ng appeal but the fin'al judgn~ent shall bo paid or enforced as above <br />provided If judgment is rendered against the taxing unit, it shall pay the fees <br />and costs of the action. All fees collected by officers shal be disposed of in the <br />same manner as other fees collected by such officers. <br />(h) Tax collectors may proceed against the wages, salary, or other compensa- <br />tion of officials and employe~s of tbis State and its figeneies, instrumentalities, <br />and political subdivisions tn the manner provided in this section. If the <br />taxpayer is an employee of the State, the notify of attachment shall be serYed <br />upon him and upon the head or chief fiscal ofltcer of the department, agency, <br />instrumentality, or institution by which he is employed. If the taxpayer is an <br />employee ora political subdivision of the State Icountv, municipality, etc. L the <br />notice of attachment shall be served upon him and 'upon the officer charged <br />with making up the payrolls of the political subdivision by which he is <br />employed. All deductions from the wages or salary of a taxpdyei' made pur- <br />suant to this subsection {h) and remitted to the tax collector shall, pro tanto. <br />constitute a satisfaction of the salary or wages due the taxpayer. <br /> (il ~11 Any person who. after written demand therefor, refuses to g~ve the <br /> tax cot ector or tax supervisor a iist of the names and addresses of all <br /> of his e np oyees who may be ab e for taxes, shall be guilty of a <br /> misdemeanor. <br /> (2) Any tax collector or ~ax supervisor who recei','es, upon his written <br /> demand, any st of employees ma':' not release or furnish that lis~ or <br /> any copy thereof, or disclose any name or information thereon, to any <br /> other person, aud may ~ot usfi that list in any manner or for any <br /> ~oUrpose not directly reiatsd to and in furtherance of the collection and <br /> reclosure of taxe~ Any: ~x collector or tax supervisor who violates <br /> or allows the violation 'of this subdivisioa (ill21 shall be guilty of a <br /> misdemeanor. 11939, c. 310. s. 1713: t95t. e. 1141. s. h 1955. cc. 1263. <br /> 1264: 1957. c. 1414. ss. 2-,I: 1969. c. 305: c. 1029. s. h 1971, c. 806. s. <br /> h 1979, c. t0.3. ss..3.4: I979, 2nd.$ess...c.~1085. s. 2:1981 c. 76. s. 1.~ <br /> <br /> 224 <br /> <br /> <br />
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