CHAPTER 4. Collection of Fee [45401. - 45611.]

Chapter 4 added by Stats. 1987, Ch. 1319, Sec. 6.

§§ 45401–45611 · 24 sections

1. ARTICLE 1. Suit for Fee §§ 45401–45402 · 2 sections

   • § 45401 The board may bring any legal action necessary to collect any deficiency in the fee required to be paid, and, upon the board’s request, the Attorney General…
   • § 45402 In any action brought to enforce the rights of the state with respect to any fee, a certificate by the board showing the delinquency shall be prima facie…
2. ARTICLE 2. Judgment for Fee §§ 45451–45452 · 2 sections

   • § 45451 (a) If any person fails to pay any amount imposed pursuant to this part at the time that it becomes due and payable, the amount thereof, including penalties…
   • § 45452 (a) If the board determines that the amount of any fee, interest, and penalties are sufficiently secured by a lien on other property or that the release or…
3. ARTICLE 3. Warrant for Collection §§ 45501–45503 · 3 sections

   • § 45501 At any time within three years after any person is delinquent in the payment of any amount required to be paid under this part, or the last recording or filing…
   • § 45502 The board may pay or advance to the sheriff or marshal, the same fees, commissions, or expenses for services as are provided by law for similar services…
   • § 45503 The fees, commissions, and expenses are the obligation of the person required to pay any amount under this part and may be collected from him or her by virtue…
4. ARTICLE 4. Seizure and Sale §§ 45551–45554 · 4 sections

   • § 45551 Whenever any fee payer is delinquent in the payment of the fee, the board, or its authorized representative, may seize any property, real or personal, of the…
   • § 45552 Notice of the sale, and the time and place thereof, shall be given to the delinquent fee payer and to all persons who have an interest of record in the…
   • § 45553 At the sale the property shall be sold by the board, or by its authorized agent, in accordance with law and the notice, and the board shall deliver to the…
   • § 45554 If, after the sale, the money received exceeds the amount of all fees, penalties, and costs due the state from the fee payer, the board shall return the excess…
5. ARTICLE 5. Miscellaneous §§ 45601–45611 · 13 sections

   • § 45601 If any fee payer is delinquent in the payment of any obligation imposed by this part, or if any determination has been made against a fee payer which remains…
   • § 45602 After receiving the notice, the persons so notified shall not transfer or make any other disposition of the credits, other personal property, or debts in their…
   • § 45603 All persons so notified shall immediately, after receipt of the notice, advise the board of all credits, other personal property, or debts in their possession,…
   • § 45604 If, during the effective period of the notice to withhold, any person so notified makes any transfer or disposition of the property or debts required to be…
   • § 45605 (a) The department may, by notice of levy, served personally, by first-class mail, or by electronic transmission or other electronic technology, require all…
   • § 45605.5 (a) Notwithstanding Article 7 (commencing with Section 706.151) of Chapter 5 of Title 9 of Part 2 of the Code of Civil Procedure, if the board determines upon…
   • § 45606 The remedies of the state provided for in this chapter are cumulative, and no action taken by the board or by the Attorney General constitutes an election by…
   • § 45607 The amounts required to be paid by any person under this part together with interest and penalties shall be satisfied first in any of the following cases: (a)…
   • § 45608 The board shall not be subject to subdivisions (c) and (d) of Section 16307 of the Corporations Code unless, at the time of application for or issuance of a…
   • § 45609 (a) The board may, in its discretion, enter into a written installment payment agreement with a person for the payment of any fees due, together with interest…
   • § 45609.5 The board, beginning no later than January 1, 2001, shall provide each taxpayer who has an installment payment agreement in effect under Section 45609 an…
   • § 45610 (a) A collection cost recovery fee shall be imposed on any person that fails to pay an amount of fee, interest, penalty, or other amount due and payable under…
   • § 45611 (a) Notwithstanding Sections 706.071, 706.073, 706.080, 706.101, and 706.105 of the Code of Civil Procedure, the California Department of Tax and Fee…