2013 Kentucky Revised Statutes CHAPTER 135 - COLLECTION OF PUBLIC CLAIMS BY ACTION 135.040 Equitable action by Department of Revenue on unsatisfied execution or uncollectible tax bill -- County attorney to assist -- Limitation -- Penalty.
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135.040 Equitable action by Department of Revenue on unsatisfied execution
or uncollectible tax bill -- County attorney to assist -- Limitation -- Penalty.
(1)
(2)
(3)
(4)
(5)
On the return of "no property found" on an execution issued upon a judgment
in favor of the state, the Department of Revenue may institute equitable
proceedings in the Franklin Circuit Court or any other court of competent
jurisdiction, in the name of the state and on the relation of the commissioner of
revenue. The choses in action or other equitable estate of the delinquent shall
be subjected to the payment of the amount due on any such execution.
On the return to the fiscal court or the county clerk of any tax bill as
uncollectible, a like suit may be instituted in the name of the state on the
relation of the commissioner of revenue in any court of competent jurisdiction,
and the choses in action or other equitable estate of the delinquent may be
subjected to the amount due on any such tax bill. In such proceedings
attachment may issue and other proceedings may be taken as are authorized
on the return of "no property found" on an execution in favor of individuals.
The county attorneys of the respective counties shall assist the Department of
Revenue in prosecuting the actions mentioned in this section.
No action shall be maintained under the provisions of subsection (1) of this
section when the last execution issued has been returned "no property found"
more than ten (10) years before the institution of the action, nor shall an action
be maintained on the uncollectible tax bill under the provisions of subsection
(2) of this section more than five (5) years after the date of the return by the
sheriff or collector.
Every person against whom an execution has been returned "no property
found" and upon which an equitable action is instituted, as provided in
subsection (1) of this section, shall be liable for a penalty of twenty percent
(20%) of the amount due on the execution. The penalty may be recovered in
the action, with the amount due on the execution. The penalty shall go to the
delinquent tax fund provided for under KRS 134.552, unless the county
attorney assists in the prosecution, in which case one-half (1/2) shall go to the
county attorney.
Effective:January 1, 2010
History: Amended 2009 Ky. Acts ch. 10, sec. 46, effective January 1, 2010. -Amended 2005 Ky. Acts ch. 85, sec. 285, effective June 20, 2005. -- Amended
1978 Ky. Acts ch. 400, sec. 6, effective June 17, 1978. -- Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 17, sec. 41, effective January 1, 1978. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 4169, 4170.
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