§ 67-5-2001 — [Effective Until 1/1/2026] Deputies collect delinquent taxes

Tennessee § 67-5-2001

• Jurisdiction: Tennessee
• Title: 67

Text

(a) (1) After taxes become delinquent, the county trustee shall have power to appoint such deputies as may be necessary for the collection of the taxes, and in such cases the county trustee shall furnish the deputy with a list of the delinquent taxpayers, with the description of the property assessed against each and the amount of taxes due from each. (2) In cases involving delinquent taxes assessed against real property, such list shall identify the current owner of such property and the owner's last known mailing address, if such owner can easily be identified and, in those cases, shall not identify any former owners. (3) Nothing in this subsection (a) shall be construed as in any manner affecting the liability of the current owner or any former owner. (4) The county trustee shall receive no compensation for making out the delinquent lists for the officers as provided. (b) The official bond of the county trustee shall be liable and be held to cover the official acts of such deputy trustees, constables and deputy sheriffs, to whom delinquent tax lists may be furnished by the county trustee, but the county trustee shall have the power and authority, before turning over to such officers such delinquent lists, to require of them bond in such sum as the county trustee may deem appropriate, conditioned upon the faithful performance of their duties and for full and complete settlement of all sums collected by them upon such delinquent tax lists, which bonds shall be payable to the county trustee and upon which the county trustee shall have a right of action for any default of such officers. (c) All lists shall be returned by such officer on or before January 1. (d) (1) Notwithstanding any general law or any private act to the contrary, the county trustee may accept partial payments of delinquent property taxes, including, but not limited to, payment by electronic transfers, bank customer preauthorized payments, wire transfers or ACH credits. If the entire amount of delinquent taxes due is not paid prior to the date the trustee delivers the delinquent tax lists to the delinquent tax attorney, the entire property shall be subject to the tax lien and enforcement by a tax sale or other legally-authorized procedures. (2) Prior to any county trustee accepting partial payment of delinquent property taxes, the county trustee shall file a plan with the comptroller of the treasury at least thirty (30) days prior to the acceptance of the payments. The plan shall indicate that the county trustee's office has the accounting system technology to implement a program for partial payment of delinquent property taxes. The plan shall also indicate whether the program will be implemented within the existing operating resources of the office or indicate prior approval of the county legislative body if additional operating resources are needed. (3) The delinquent date for property taxes and penalties and interest applicable to delinquent property taxes shall not be affected by application of a partial payment system established in the county. (4) Penalties and interest shall apply only to the amount of delinquent property taxes remaining due. (5) If a partial payment of delinquent property taxes is accepted, the partial payment does not release the tax lien on the property upon which the taxes were assessed. This section is set out more than once due to postponed, multiple, or conflicting amendments.

Legislative History

Acts 1907, ch. 602, § 49; Shan., §§ 880, 881, 883, 884; Acts 1923, ch. 77, § 4; Shan. Supp., § 913b7; mod. Code 1932, §§ 1565, 1567, 1568, 1581; Acts 1939, ch. 198, §§ 1, 2; C. Supp. 1950, §§ 1567, 1568; Acts 1978, ch. 673, § 1; T.C.A. (orig. ed.), §§ 67-1302, 67-1303, 67-1312; Acts 1984, ch. 675, § 3; 2011 , ch. 160, § 1.