Title 48, Chapter 5, Section 360
( 48-5-360)
(a) When any finance officer or other person authorized to collect
the taxes due any municipality can find no property of the defendant
on which to levy a tax execution, he shall make an entry to that
effect on the execution and may then issue summons of garnishment
without making affidavit or giving bond against any person who he
believes is indebted to the defendant or who he believes has
property, money, or effects of the defendant in his hands. The
summons of garnishment shall be served by the finance officer, other
tax collector, sheriff, or any constable of the county in which the
garnishee resides at least 15 days before the sitting of the
superior court or city court of the county in which the municipality
is located and shall be returned to such appropriate court. (b) The finance officer or other person authorized to collect taxes
shall enter on the execution the name of the person garnished and
shall return the execution to the court. The subsequent proceedings
on the garnishment shall be the same as on garnishments in cases
when judgment has been obtained. |