§ 573 — Collection of contributions in case of default

New York § 573

• Jurisdiction: New York
• Law LAB: Labor
• Title 6: Contributions to Fund
• Art. 18: Unemployment Insurance Law

Text

§ 573. Collection of contributions in case of default. 1. Civil\nactions. If an employer shall default in any payments required to be\nmade by him to the fund, after due notice, the amount due from him shall\nbe collected by civil action against him brought in the name of the\ncommissioner, and the same, when collected, shall be paid into the fund.\nSuch employer's compliance with the provisions of this article requiring\npayments to be made to the fund shall date from the time of the payment\nof said money so collected.\n Civil actions brought in the name of the commissioner under this\nsection to collect contributions, interest, or penalties from an\nemployer shall be entitled to preference, conferred by law to actions\nbrought by any state officer as such, upon the calendar of all courts.\n 2. Warrants. In addition and as an alternative to any other remedy\nprovided by this article and provided that no appeal or other proceeding\nfor review provided by title eight of this article shall then be pending\nand the time for the taking thereof shall have expired, the commissioner\nmay issue a warrant under his official seal, directed to the sheriff of\nany county, commanding him to levy upon and sell the real and personal\nproperty which may be found within his county of an employer who has\ndefaulted in the payment of any sum determined to be due from such\nemployer for the payment of such sum together with interest, penalties,\nand the cost of executing the warrant, and to return such warrant to the\ncommissioner and to pay into the fund the money collected by virtue\nthereof within sixty days after the receipt of such warrant. The sheriff\nshall within five days after the receipt of the warrant file with the\nclerk of his county a copy thereof, and thereupon such clerk shall enter\nin the judgment docket the name of the employer mentioned in the warrant\nand the amount of the contribution, interest, and penalties for which\nthe warrant is issued and the date when such copy is filed. Thereupon\nthe amount of such warrant so docketed shall become a lien upon the\ntitle to and interest in real property and chattels real of the employer\nagainst whom the warrant is issued in the same manner as a judgment duly\ndocketed in the office of such clerk. The sheriff shall then proceed\nupon the warrant in the same manner, and with like effect, as that\nprovided by law in respect to executions issued against property upon\njudgments of a court of record, and for his services in executing the\nwarrant he shall be entitled to the same fees, which he may collect in\nthe same manner.\n In the discretion of the commissioner a warrant of like terms, force,\nand effect may be issued and directed to any officer or employee of the\ndepartment of labor who may file a copy of such warrant with the clerk\nof any county in the state, and thereupon each such clerk shall docket\nit and it shall become a lien in the same manner and with the same force\nand effect as hereinbefore provided with respect to a warrant issued and\ndirected to and filed by a sheriff; and in the execution thereof such\nofficer or employee shall have all the powers conferred by law upon\nsheriffs, but he shall be entitled to no fee or compensation in excess\nof the actual expenses paid in the performance of such duty.\n If a warrant is returned not satisfied in full, the commissioner shall\nhave the same remedies to enforce the amount thereof as if the\ncommissioner had recovered judgment for the same.\n