H.B. 753 VETOES
(4) THE FINANCIAL INSTITUTION MAY NOT BE HELD LIABLE TO ANY
PERSON, INCLUDING THE COMPTROLLER, THE OBLIGOR. OR ANY ACCOUNT HOLDER
OF INTEREST, FOR WRONGFUL DISHONOR OR FOR ANY OTHER CLAIM RELATING TO
THE SEIZURE AND ATTACHMENT OF AN ACCOUNT OR OTHER ACTIONS TAKEN IN
COMPLIANCE WITH THIS SECTION.
(D) (1) WITHIN 10 BUSINESS DAYS AFTER THE COMPTROLLER HAS
RECEIVED NOTICE FROM THE FINANCIAL INSTITUTION UNDER SUBSECTION (C)(2) OF
THIS SECTION, THE COMPTROLLER SHALL SEND A NOTICE TO THE OBLIGOR, BY
REGULAR MAIL, TO THE OBLIGOR'S LAST KNOWN ADDRESS.
(2) THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION, TO
THE EXTENT KNOWN BY THE COMPTROLLER;
(I) THE ADDRESS OF THE COMPTROLLER;
(II) THE TELEPHONE NUMBER, ADDRESS, AND NAME OF A
CONTACT PERSON AT THE COMPTROLLER;
(III) THE NAME AND SOCIAL SECURITY NUMBER, FEDERAL
EMPLOYER IDENTIFICATION NUMBER, OR OTHER TAXPAYER IDENTIFICATION
NUMBER OF THE OBLIGOR;
(IV) THE ADDRESS OF THE OBLIGOR;
(V) FOR EACH ACCOUNT OF THE OBLIGOR, THE NAME OF THE
FINANCIAL INSTITUTION THAT HAS SEIZED AND ATTACHED AMOUNTS AS REQUIRED
BY THIS SECTION;
(VI) THE TOTAL AMOUNT OF THE TAX LIEN OWED BY THE OBLIGOR;
(VII) THE DATE THE NOTICE IS BEING SENT;
(VIII) A STATEMENT INFORMING THE OBLIGOR THAT THE
COMPTROLLER HAS DIRECTED THE FINANCIAL INSTITUTION TO SEIZE AND ATTACH
THE AMOUNT OF THE TAX LIEN OWED BY THE OBLIGOR FROM ONE OR MORE OF THE
ACCOUNTS OF THE OBLIGOR AND, UPON SUBSEQUENT NOTICE BY THE
COMPTROLLER, TO FORWARD THE AMOUNT TO THE COMPTROLLER; AND
(IX) A STATEMENT INFORMING THE OBLIGOR THAT, UNLESS A
TIMELY CHALLENGE IS MADE BY THE OBLIGOR OR AN ACCOUNT HOLDER OF
INTEREST UNDER SUBSECTION (G) OF THIS SECTION, THE COMPTROLLER SHALL
NOTIFY THE FINANCIAL INSTITUTION TO FORWARD THE AMOUNT SEIZED AND
ATTACHED BY THE FINANCIAL INSTITUTION TO THE COMPTROLLER.
(3) THE COMPTROLLER SHALL NOT BE OBLIGATED TO SEND THE
NOTICE DESCRIBED IN PARAGRAPHS (1) AND (2) OF THIS SUBSECTION IF, PRIOR TO
THE TIME THAT THE NOTICE MUST BE SENT, THE COMPTROLLER AND THE OBLIGOR
AGREE TO AN ARRANGEMENT UNDER WHICH THE OBLIGOR WILL PAY AMOUNTS
OWED UNDER THE TAX LIEN.
(E) (1) IF A TIMELY CHALLENGE IS NOT MADE BY THE OBLIGOR OR AN
ACCOUNT HOLDER OF INTEREST UNDER SUBSECTION (G) OF THIS SECTION, THE
- 3760 -
|