Title 48, Chapter 5, Section 161
( 48-5-161)
(a) Each tax collector or tax commissioner shall keep an execution
docket. On December 20 in each year, unless further time is allowed
as provided by law, he shall issue execution against each delinquent
or defaulting taxpayer in his county and enter the names of
delinquent or defaulting taxpayers on the docket together with an
itemized statement of the taxes covered by the execution. (b) When executions have been issued, it shall be the duty of the
officer issuing the execution to place the execution in the hands of
an officer authorized by law to collect the execution and make an
entry on his execution docket of the name of the officer and the
date of delivery. (c)(1) The officer in whose hands the execution is placed shall
proceed at once to collect the execution and, when the execution
is paid by the defendant voluntarily or by levy and sale, the
officer shall enter the amount collected including all costs,
commissions, interest, and penalties as provided by law on the
execution. The officer shall return the execution to the tax
collector or tax commissioner with the amount of tax collected.
The tax collector or tax commissioner shall at once copy the entry
of the officer on his execution docket and file the execution in
his office. (2) Once a levy is made or posted on the property of a delinquent
or defaulting taxpayer, the sheriff or ex officio sheriff shall
collect, in addition to any other costs, commissions, interest,
and penalties, the actual expenses incurred by the county in
issuing the execution and administering the levy by imposing a
levy administration fee which shall be 5 percent of the delinquent
tax or $250.00, whichever is the lesser. Regardless of any other
provision of this paragraph, however, no such levy administration
fee shall be less than $50.00. (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12. (d) Each tax collector or tax commissioner shall submit his
respective execution docket and cashbook to the grand jury at the
spring term of the superior court of his county. It shall be the
duty of the grand jury to inspect thoroughly the docket and book and
to report on them by general or special presentment. |