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This entry was published on 2014-09-22
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Collection of contributions in case of default
§ 573. Collection of contributions in case of default. 1. Civil
actions. If an employer shall default in any payments required to be
made by him to the fund, after due notice, the amount due from him shall
be collected by civil action against him brought in the name of the
commissioner, and the same, when collected, shall be paid into the fund.
Such employer's compliance with the provisions of this article requiring
payments to be made to the fund shall date from the time of the payment
of said money so collected.

Civil actions brought in the name of the commissioner under this
section to collect contributions, interest, or penalties from an
employer shall be entitled to preference, conferred by law to actions
brought by any state officer as such, upon the calendar of all courts.

2. Warrants. In addition and as an alternative to any other remedy
provided by this article and provided that no appeal or other proceeding
for review provided by title eight of this article shall then be pending
and the time for the taking thereof shall have expired, the commissioner
may issue a warrant under his official seal, directed to the sheriff of
any county, commanding him to levy upon and sell the real and personal
property which may be found within his county of an employer who has
defaulted in the payment of any sum determined to be due from such
employer for the payment of such sum together with interest, penalties,
and the cost of executing the warrant, and to return such warrant to the
commissioner and to pay into the fund the money collected by virtue
thereof within sixty days after the receipt of such warrant. The sheriff
shall within five days after the receipt of the warrant file with the
clerk of his county a copy thereof, and thereupon such clerk shall enter
in the judgment docket the name of the employer mentioned in the warrant
and the amount of the contribution, interest, and penalties for which
the warrant is issued and the date when such copy is filed. Thereupon
the amount of such warrant so docketed shall become a lien upon the
title to and interest in real property and chattels real of the employer
against whom the warrant is issued in the same manner as a judgment duly
docketed in the office of such clerk. The sheriff shall then proceed
upon the warrant in the same manner, and with like effect, as that
provided by law in respect to executions issued against property upon
judgments of a court of record, and for his services in executing the
warrant he shall be entitled to the same fees, which he may collect in
the same manner.

In the discretion of the commissioner a warrant of like terms, force,
and effect may be issued and directed to any officer or employee of the
department of labor who may file a copy of such warrant with the clerk
of any county in the state, and thereupon each such clerk shall docket
it and it shall become a lien in the same manner and with the same force
and effect as hereinbefore provided with respect to a warrant issued and
directed to and filed by a sheriff; and in the execution thereof such
officer or employee shall have all the powers conferred by law upon
sheriffs, but he shall be entitled to no fee or compensation in excess
of the actual expenses paid in the performance of such duty.

If a warrant is returned not satisfied in full, the commissioner shall
have the same remedies to enforce the amount thereof as if the
commissioner had recovered judgment for the same.