Alternative remedies for collection of taxes, interest and penalties
- execution by sheriff
(1)In any case in which the Director of the Employment Department may bring a civil action for the collection of taxes, interest and penalties under this chapter, the Employment Department may instead:
(a)Assess a collection charge of $5 if the sum of the tax, penalty and interest then due exceeds $10.
(b)Issue a warrant for the amount of the tax with the added penalties, interest, collection charge and the sheriff’s cost of executing the warrant. A copy of the warrant shall be mailed or delivered to the taxpayer by the department at the taxpayer’s last-known address.
(2)At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125 (County Clerk Lien Record). After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the taxpayer found within that county, and to levy upon any currency of the taxpayer found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriff’s cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.
(3)In the discretion of the department a warrant under this section may be directed to any agent authorized by the department to collect taxes under this section, and in the execution of the warrant the agent has all of the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.
(4)Until a warrant issued under this section is satisfied in full, the department has the same remedies to enforce the claim for taxes, penalties and interest against the taxpayer as if the state had recovered judgment against the taxpayer for the amount of the tax, penalties and interest.
(5)Interest upon the taxes due as set forth in the warrant shall be paid and collected at the rate prescribed in ORS 657.515 (Delinquent taxes) (2). [1971 c.128 §2; 1983 c.696 §25; 2003 c.576 §217; 2011 c.661 §11]
Section 657.642 — Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff,