Title 48, Chapter 3, Section 13
( 48-3-13)
(a) When an execution for state taxes remains unsatisfied and an
entry of nulla bona has been duly entered on the execution within
the immediately preceding 30 day period and the commissioner has
reason to believe that the defendant in fi. fa. may have or may come
into ownership of assets outside this state, the commissioner may
petition the superior court of the county in which the defendant in
fi. fa. maintains in this state a known residence, place of
business, or agent to receive service for a rule to show cause why
the unsatisfied tax execution should not be reduced to a final
judgment of the superior court. (b) The petition shall name the defendant in fi. fa. as respondent
in the action, shall set forth the jurisdiction of the superior
court, and shall allege that an execution for state taxes has been
duly issued by the commissioner or his deputy on behalf of this
state, that an entry of nulla bona has been duly entered on the
execution within the immediately preceding 30 day period, and that
the commissioner has reason to believe that the respondent may have
or may come into ownership of assets outside this state. The
petition shall demand that process issue to cause the respondent to
appear and answer why the tax execution should not be reduced to a
final judgment of the court; that the tax execution including, but
stated separately, interest and penalties be reduced to a final
judgment of the court; and, in the event that the final judgment is
entered, that costs of the action be assessed against the
respondent. A true copy of the tax execution shall be attached as
an exhibit to the petition and the petition shall be verified under
oath by the commissioner to the best of his knowledge and belief. (c) When an execution for local taxes remains unsatisfied and an
entry of nulla bona has been duly entered on the execution within
the immediately preceding 30 day period and the tax collector or tax
commissioner has reason to believe that the defendant in fi. fa. may
have or may come into ownership of assets outside this state, the
commissioner may petition the superior court of the county in which
the defendant in fi. fa. maintains in this state a known residence,
place of business, or agent to receive service for a rule to show
cause why the unsatisfied tax execution should not be reduced to a
final judgment of the superior court. (d) The petition shall name the defendant in fi. fa. as respondent
in the action, shall set forth the jurisdiction of the superior
court, and shall allege that an execution for local taxes has been
duly issued by the tax collector or tax commissioner on behalf of
the named county, that an entry of nulla bona has been duly entered
on the execution within the immediately preceding 30 day period, and
that the tax collector or tax commissioner has reason to believe
that the respondent may have or may come into ownership of assets
outside this state. The petition shall demand that process issue to
cause the respondent to appear and answer why the tax execution
should not be reduced to a final judgment of the court; that the tax
execution including, but stated separately, interest and penalties
be reduced to a final judgment of the court; and, in the event that
the final judgment is entered, that costs of the action be assessed
against the respondent. A true copy of the tax execution shall be
attached as an exhibit to the petition and the petition shall be
verified under oath by the tax collector or tax commissioner to the
best of his knowledge and belief. |