Levy procedure; taxpayer's bond
Sec. 3. (a) When a county treasurer levies upon personal property,
he may:
(1) take immediate possession of the property and store it in a
secure place; or
(2) leave the property in the custody of the delinquent taxpayer
until the day of the sale.
(b) If the personal property is left in the custody of the delinquent
taxpayer, he shall give the county treasurer a joint and several
delivery bond, with a surety acceptable to the county treasurer. The
bond must be payable to this state in an amount at least equal to the
sum of the delinquent taxes, penalties, and anticipated collection
expenses. The state may not initiate an action on the bond if:
(1) the personal property is delivered for sale at the time and place
designated by the county treasurer; or
(2) the obligor, before the time of the sale, pays to the county
treasurer the amount of the delinquent taxes, penalties, and collection
expenses.
(c) The bond required by subsection (b) of this section shall be
prepared in the following form:
We, A, as principal, and B, as surety, are jointly and severally
bound unto the state of Indiana in the penal sum of ___________
(____) on the following condition:
Whereas, C, as treasurer of __________ County, has this day
levied upon the following personal property, (here list such
property), of the value of ____________ (____) to satisfy the
delinquent taxes, penalties, and anticipated collection expenses for
the year(s) ______ due from said A. Now if A shall deliver the said
personal property to C at _______ o'clock (A.M. or P.M.) of the
____ day of _________ 19 __, at the place designated by C to be
sold to pay the delinquent taxes, penalties, and anticipated collection
expenses, then this bond shall be void, else in full force.
Witness our hands and
seals ____________________ (date)______
_______A_______
_______B_______
Approved by me ___________________ (date) ______
_______C _______
Treasurer of ___________ County
(Formerly: Acts 1975, P.L.47, SEC.1.)
Last modified: May 28, 2006