2009 Louisiana Laws TITLE 47 Revenue and taxation :: RS 47:1561 Alternative remedies for the collection of taxes

PART III.  ASSESSMENT AND COLLECTION PROCEDURES

§1561.  Alternative remedies for the collection of taxes

In addition to following any of the special remedies provided in the various chapters of this subtitle, the collector may, in his discretion, proceed to enforce the collection of any taxes due under this subtitle by means of any of the following alternative remedies or procedures:

(1)  Assessment and distraint, as provided in R.S. 47:1562 through 47:1573.  

(2)  Summary court proceeding, as provided in R.S. 47:1574.  

(3)  Ordinary suit under the provisions of the general laws regulating actions for the enforcement of obligations.  

The collector may choose which of these procedures he will pursue in each case, and the counter-remedies and delays to which the taxpayer will be entitled will be only those which are not inconsistent with the proceeding initiated by the collector, provided that in every case the taxpayer shall be entitled to proceed under R.S. 47:1576 except (a) after he has filed a petition with the board of tax appeals for a redetermination of the assessment, or (b) when an assessment for the tax in question has become final or (c) when a suit involving the same tax obligation is pending against him; and provided further, that the fact that the collector has initiated proceedings under the assessment and distraint procedure will not preclude him from thereafter proceeding by summary or ordinary court proceedings for the enforcement of the same tax obligation.  

Amended by Acts 1972, No. 566, §1.