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Session Laws, 1985
Volume 760, Page 569   View pdf image
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HARRY HUGHES, Governor                                        569

AN OFFICER OF THE STATE, A COUNTY, OR A MUNICIPAL
CORPORATION IS NOT REQUIRED TO REQUEST THE ACTION UNDER
SUBSECTION (A) OF THIS SECTION IF:

(1)  THE TAXES ARE SUFFICIENTLY SECURED BY A LIEN ON
REAL PROPERTY UNDER THIS TITLE; OR

(2)  IT IS CERTAIN THAT NO PART OF A JUDGMENT IN THE
ACTION WOULD BE COLLECTIBLE.

REVISOR'S NOTE: This section is new language that repeats
the provisions of the third and fourth clauses of
present Art. 81, § 210(a), and, as they relate to the
duty to request action, the first and second clauses.

In subsections (a)(2) and (b) of this section, the
defined term "municipal corporation" is substituted
for the present word "city", for clarity.

In subsection (a) of this section, the references to
"against the person responsible for the tax" are added
for clarity.

Present Art. 81, § 206(b) that relates to the delivery
of lists of delinquent accounts and the duty to
initiate an action to collect taxes in St. Mary's
County is omitted in light of the revision of this
section and § 14-864 of this subtitle.

Defined terms: "County" § 1-101

"Municipal corporation" § 1-101 "Person" § 1-101

"Real property" § 1-101

14-866. DUTY TO INITIATE ACTION; COMPROMISE OF CLAIM.

(A)  DUTY TO INITIATE SUIT.

IF A REQUEST IS MADE UNDER § 14-865 OF THIS SUBTITLE, THE
ATTORNEY GENERAL OR ATTORNEY REQUESTED TO INITIATE AN ACTION
SHALL INITIATE THE ACTION.

(B)  COMPROMISE OF CLAIM.

IF THE ATTORNEY GENERAL AND THE TREASURER, OR THE COLLECTOR,
THE CHIEF FISCAL OFFICER, AND THE ATTORNEY OF THE COUNTY OR
MUNICIPAL CORPORATION AGREE THAT THE FULL AMOUNT OF THE CLAIM
WOULD BE UNCOLLECTIBLE, THE ATTORNEY GENERAL OR ATTORNEY MAY:

(1)  COMPROMISE THE CLAIM;

(2)  ACCEPT A LESSER AMOUNT ON BEHALF OF THE COLLECTOR
OR STATE TREASURER; AND

(3) ISSUE A RELEASE OF THE CLAIM OR SATISFACTION OF

 

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Session Laws, 1985
Volume 760, Page 569   View pdf image
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