67-5-2006 - Return of delinquent tax list Settlement. - Tennessee Statutes

67-5-2006. Return of delinquent tax list Settlement.

(a)  (1)  The sheriff, constable and deputy trustee having delinquent lists for collection shall make partial settlement with the trustee whenever required by the trustee, and shall, on or before January 1 following the receipt of the delinquent tax lists, make final settlement with the trustee and return the lists showing in the return what disposition was made of each item of taxes therein set out, and the reason for not collecting items remaining unpaid, and sign the return in the sheriff's, constable's or deputy trustee's official capacity.

     (2)  The officer making the return shall receive no additional compensation for making it.

(b)  On January 1, the constable or deputy trustee shall make a final settlement of the taxes in the constable's or deputy trustee's hands for collection, and in the settlement shall be charged with the aggregate amount of taxes in the constable's or deputy trustee's hands for collection, and be credited with the amount collected and accounted for, with errors, double and illegal assessments, and with such insolvent or other taxes as such officer shall show could not have been collected by law after diligent effort on such officer's part.

(c)  It is the duty of the collecting officers to make return of the delinquent lists to the county trustee, on or before January 1 of each year, and the officer failing to make such a return on or before January 1, as provided in this subsection (c), shall be presumed to have collected all the taxes on the lists delivered to such officer, and shall account for and pay the taxes to the trustee.

(d)  Any balance found due on such settlements may be recovered of the constable or deputy trustee and such person's sureties on such person's bond, by suit or motion, on five (5) days' notice, in any court of record, instituted by the county trustee or any agent or district attorney general of the state.

(e)  (1)  No credit shall be allowed the county trustee, by way of releases, until the delinquent lists have been returned to the county trustee's office by the collecting officer.

     (2)  After the return of such lists by the officer to the county trustee's office, the county legislative body may allow the trustee credit for erroneous assessments and double taxation, but no credit shall be allowed for any item due from insolvent delinquent land taxpayers, and such taxes shall remain a charge upon the books of the county trustee until the county trustee complies with the requirements of § 67-5-2406.

[Acts 1907, ch. 602, § 49; Shan., §§ 885a3, 885a4; 1923, ch. 77, §§ 4, 5; Shan. Supp., §§ 913b8, 913b9; mod. Code 1932, §§ 1569, 1570, 1582-1584; Acts 1939, ch. 198, § 3; C. Supp. 1950, § 1569; T.C.A. (orig. ed.), §§ 67-1311, 67-1313, 67-1314, 67-1318, 67-1321.]