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This entry was published on 2014-09-22
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Warrant for the collection of taxes
§ 279-b. Warrant for the collection of taxes. Whenever any person
shall fail to pay any tax he is required to pay under the provisions of
this article, the tax commission may issue a warrant under its official
seal, directed to the sheriff of any county of the state, commanding him
to levy upon and sell the real and personal property of such person,
found within his county, for the payment of the amount thereof, with the
penalties, interest and the cost of executing the warrant, and to return
such warrant to the tax commission and to pay to it 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 the
clerk shall enter in the judgment docket the name of the person
mentioned in the warrant, and the amount of the tax and penalties for
which the warrant is issued and the date when such copy is filed, and
thereupon the amount of such warrant so docketed shall become a lien
upon the title to and interest in real property or chattels real of the
person against whom the warrant is issued in the same manner as a
judgment duly docketed in the office of such clerk. The sheriff shall
thereupon proceed upon the warrant in all respects, with like effect,
and in the same manner prescribed by law in respect to executions issued
against property upon judgments of a court of record, and shall be
entitled to the same fees for his services in executing the warrant, to
be collected in the same manner. In the discretion of the tax
commission a warrant of like terms, force and effect may be issued and
directed to any officer or employee of the department of taxation and
finance, and in the execution thereof such officer or employee shall
have all the powers conferred by law upon sheriffs, but shall be
entitled to no fee or compensation in excess of actual expenses paid in
the performance of such duty. Upon such filing of a copy of a warrant,
the tax commission shall have the same remedies to enforce the claim for
taxes against the person as if the people of the state had recovered
judgment against such person for the amount of the tax.