State Codes and Statutes

Statutes > New-jersey > Title-54 > Section-54-44 > 54-44-2-1

54:44-2.1.  Additional or alternative remedy for enforcement of lien; warrant by Commissioner;  procedure    To enforce the lien created by section 54:44-2 of the Revised Statutes and as an additional remedy, or an alternative to the remedy provided in section 54:44-3 of the Revised Statutes, the commissioner, if any taxes, penalties or interest imposed by this subtitle shall remain unpaid after the same shall become due, may issue a warrant under his official seal directed to the sheriff  of any county of this State commanding him to levy upon and sell the real and  personal property of the taxpayer from whom such taxes, penalties and interest  are due and owing, found within his county, for the payment of the said taxes,  penalties and interest, and the cost of executing the warrant, and to return  such warrant to the commissioner and pay to him the money collected by virtue  thereof by a time to be therein specified, and not less than sixty days from  the date of such warrant. Before delivering the warrant to the sheriff, the  commissioner shall file a copy thereof with the clerk of the county in which  the sheriff holds office, and thereupon the clerk shall enter in his judgment  docket the name of the State of New Jersey as creditor, the name of the  taxpayer as debtor, a short name of the tax, the amount of such taxes,  penalties and interest as specified in such warrant, and the date when the copy  of the warrant is filed in his office, and if requested shall record the same  in the book of executions.  The filing of the warrant shall operate as notice  to all other persons of the existence of the lien of the State but shall not  operate in any respect as a judgment.  Upon filing the copy of the warrant the  clerk shall endorse upon the original warrant the fact and the time of the  filing of the copy and whether so recorded.  Thereafter the sheriff shall  proceed upon the warrant in all respects, with like effect, and in the manner prescribed by law in respect to executions issued upon judgments of a court of  record, and he shall be entitled to the same fees for his services in executing  the warrant, to be collected in the same manner.  Nothing contained in this  section shall be construed to prejudice the right of any taxpayer to appeal  from the assessment upon which any proceedings under this section are taken,  and if any appeal shall be taken from any such assessment, any court of  competent jurisdiction may stay the proceeding instituted under this section,  pending the determination of the appeal, provided the taxpayer shall have first  paid into the court from which the stay is sought, a deposit in such sum as the court shall consider adequate to secure the payment of the full amount claimed by the State.

     L.1938, c. 319, p. 805, s. 14.