Title 48, Chapter 3, Section 12
( 48-3-12)
(a) When any tax collector or tax commissioner can find no property
belonging to a defendant on which to levy any tax execution in his
hands, he shall make an entry to that effect on the execution. The
tax collector or tax commissioner then may issue summons of
garnishment against any person whom he believes to be indebted to
the defendant or who has property, money, or effects in his hands
belonging to the defendant. The summons of garnishment shall be
served by the tax collector, tax commissioner, the sheriff, the
sheriff's deputy, or any constable of the county in which the
garnishee resides. The summons shall be served at least 15 days
before the sitting of the court to which the summons is made
returnable and shall be returned to either the superior court or the
state court of the county in which the tax collector or tax
commissioner holds office. (b) The tax collector or tax commissioner shall enter on the
execution the names of the persons garnished and shall return the
execution to the appropriate court. All subsequent proceedings shall
be the same as provided by law regarding garnishments in other cases
when judgment has been obtained or execution issued. |