California Law (Last Updated: March 4, 2014) |
Revenue and Taxation Code - RTC |
Division 1. PROPERTY TAXATION |
Part 5. COLLECTION OF TAXES |
Chapter 4. Collection on the Unsecured Roll |
ARTICLE 2. Seizure and Sale |
Section 2954.
-
(a) An assessee may challenge a seizure of property made pursuant to Section 2953 by petitioning for a writ of prohibition or writ of mandate in the superior court alleging:
(1) That there are no grounds for the seizure;
(2) That the declaration of the tax collector is untrue or inaccurate; and
(3) That there are and will be sufficient funds to pay the taxes prior to the date such taxes become delinquent.
(b) As a condition of maintaining the special proceedings for a writ, the assessee shall file with the tax collector a bond sufficient to pay the taxes and all fees and charges actually incurred by the tax collector as a result of the seizure, and shall furnish proof of the bond with the court. Upon the filing of the bond, the tax collector shall release the property to the assessee.