MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Finance

By: Senator(s) Burton

AN ACT TO AMEND SECTION 27-41-101, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NOTICE TO SECURED CREDITORS PRIOR TO THE SALE FOR TAXES OF MOBILE HOMES CLASSIFIED AS PERSONAL PROPERTY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 27-41-101, Mississippi Code of 1972, is amended as follows:

27-41-101. (1) In the event the tax collector elects to use the provisions of Sections 27-41-101 through 27-41-109 to collect delinquent tax payments on personal property and, upon default of the payment of ad valorem taxes upon personal property upon the due dates prescribed in this chapter or, in the case of mobile homes classified as personal property, the due date prescribed in Section 27-53-11, the tax collector shall give written notice to the taxpayer demanding the payment of the ad valorem taxes on personal property then remaining in default within twenty (20) days from the date of the delivery of the notice. The notice shall be sent * * * to the taxpayer and, in the case of mobile homes classified as personal property, also to any secured creditors having perfected a lien against the mobile home. An employee of the tax collector shall send the notice by first class certified or registered mail, return receipt requested, postage prepaid or deliver the notice personally. In the case of a corporation, partnership, limited liability company or other legal entity, the notice shall be sent or delivered to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. If personal delivery is attempted upon an individual and cannot be made with reasonable diligence, the notice may be left with the spouse or some other person of the taxpayer's or creditor's family above the age of sixteen (16) years who is willing to receive the notice, and by thereafter mailing a copy of the notice by first class certified or registered mail, return receipt requested, postage prepaid to the person to be served at the place where a copy of the notice was left. The tax collector shall maintain copies of the notice for two (2) years from the date of receipt of the notice. In the case of personal delivery of the notice, the copy shall contain a notation by the person delivering it of the date and time of delivery, the person to whom delivery was made, and the place of delivery. In the case of delivery by certified or registered mail or confirmation of delivery to a spouse or family member by certified mail, the return receipt shall also be maintained for two (2) years from the date of receipt of the notice. In the case of personal delivery of the notice, the copy shall contain a notation by the person delivering it of the date and time of the delivery, the person to whom delivery was made, and the place of delivery to a spouse or family member by certified or registered mail; the return receipt shall also be maintained for two (2) years from the date of receipt of the notice.

(2) If any person liable for the payment of ad valorem taxes on personal property fails or refuses to pay the taxes after receiving the notice and demand as provided in subsection (1) of this section, the tax collector may file a notice of a tax lien for such ad valorem taxes with the circuit clerk of the county in which the taxpayer resides or owns property which shall be enrolled as a judgment on the judgment roll.

(3) Immediately upon receipt of the notice of the tax lien for ad valorem taxes on personal property, the circuit clerk shall enter the notice of a tax lien as a judgment upon the judgment roll and show in the appropriate columns the name of the taxpayer as judgment debtor, the name of the tax collector as judgment creditor, the amount of the taxes, interest, fees and costs and the date and time of enrollment. The judgment shall be valid as against mortgagees, pledgees, entrusters, purchasers, judgment creditors, and other persons from the time of filing with the clerk; provided, however, that the preference of a judgment in regard to any personal property upon which the taxes are assessed, excepting motor vehicles as defined by the Motor Vehicle Ad Valorem Tax Law of 1958, shall be entitled to preference over all judgments, executions, encumbrances or liens whensoever created upon such personal property. The amount of the judgment shall be a debt due the county and remain a lien upon all property and rights to property belonging to the taxpayer, both real and personal, including choses in action, with the same force and like effect as any enrolled judgment of a court of record, and shall continue until satisfied. The judgment shall be the equivalent of any enrolled judgment of a court of record and shall serve as authority for the issuance of writs of execution, writs of attachment, writs of garnishment or other remedial writs. The tax collector may issue warrants for collection of ad valorem taxes from such judgments, in lieu of the issuance of any remedial writ by the circuit clerk, as provided in Sections 27-41-103 and 27-41-105; provided, however, that the judgment shall not be a lien upon the property of the taxpayer for a longer period than seven (7) years from the date of the filing of the notice of tax lien for ad valorem taxes, damages and interest unless action be brought thereon before the expiration of such time or unless the tax collector refiles such notice of tax lien before the expiration of such time. The judgment shall be a lien upon the property of the taxpayer for a period of seven (7) years from the date of refiling such notice of tax lien unless action be brought thereon before the expiration of such time or unless the tax collector refiles such notice of tax lien before the expiration of such time. There shall be no limit upon the number of times that the tax collector may refile notices of tax liens.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.