§ 34-8-167 - Collection of delinquent contribution payments generally
               	 		
O.C.G.A.    34-8-167   (2010)
   34-8-167.    Collection of delinquent contribution payments generally 
      (a)  If,  after due notice, any employer defaults in any payment of contributions  or interest thereon, the amount due, including any penalty, may be  collected by civil action maintained in the name of the Commissioner.   The employer adjudged in default shall pay the cost of such actions.   Civil actions brought under this Code section to collect contributions,  interest, or penalties from an employer shall be heard by the superior  court at the earliest possible date and shall be entitled to preference  upon the calendar of the court over all other civil actions except  petitions for judicial review under this chapter and workers'  compensation cases arising under Chapter 9 of this title and other  actions to which the state is a material party and which are now given  precedence.
(b)  In addition to any other  method provided by law for the collection of contributions, any  contribution not paid when due, including any interest, penalty, and  costs thereon, may be collected by the Commissioner by and with the same  authority as is contained in Code Sections 48-2-55 and 48-3-1 providing  for the collection of taxes by the state revenue commissioner.  If any  contribution or tax imposed by this chapter is not paid within ten days  after notice and demand from the Commissioner, the Commissioner shall  issue an execution or writ of fieri facias directed to any levying  officer designated by the Commissioner, the sheriff, or the lawful  deputies of the sheriff of any county of the state requiring such  officer to levy upon and sell the real or personal property of any  delinquent employer or liable individual found within such officer's  county in sufficient amount to satisfy the execution so issued, together  with penalties, interest, and all costs of executing and collecting the  said execution, and to return such execution to the Commissioner,  together with all such sums collected under and by virtue thereof, by a  time to be therein specified, not more than 60 days from the date of the  execution.
(c)  Nothing contained in this  Code section shall prevent the Commissioner from having the execution or  writ of fieri facias entered upon the general execution docket prior to  the time the execution is turned over to a levying officer designated  by the Commissioner for collection. The Commissioner may file the  execution with the clerk of the superior court of the employer's  residence, place of business, or the county in which the employer may  own property. It shall then be the duty of the clerk of the superior  court of the county in which the execution is filed to enter the  execution upon the lien records of the superior court of said county,  with the execution being recorded in the same manner and form as  prescribed by the general laws of the State of Georgia relating to  executions issued by a superior court of this state and processed and  transmitted electronically for inclusion in the state-wide uniform  automated information system for real and personal property records, as  provided in Code Section 15-6-97.
(d)  The  amount of any contributions not paid when due, including any interest,  penalties, and costs, shall constitute a lien upon all property and  rights to property and upon all after-acquired property and rights to  property, both real and personal, of the employer liable for such  contributions. The lien shall attach and be perfected as of the date  such contributions become due and shall have parity with other tax liens  and be prior, superior, and paramount to all other liens or  encumbrances attaching to any of such property; provided, however, the  lien shall not be preserved against purchasers, judgment creditors,  pledgees, subsequent tax liens, or other liens or encumbrances until an  execution for such contributions has been entered on the general  execution docket. When the execution has been issued and docketed as  required in subsection (c) of this Code section, the lien shall be a  perfected lien upon all property and rights to property of the employer,  both real and personal, in each county of this state.
(e)  All  contributions, including interest, penalties, and costs thereon,  imposed by this chapter are made a personal debt of the officer, major  stockholder, or other person having charge of the affairs of a corporate  or association employing unit who is required to file returns or pay  the contributions required by this chapter.  The Commissioner may assess  such officer, stockholder, or other person for the amount of such  contributions, penalties, and interest.  The provisions of Code Section  34-8-164 and Code Section 34-8-170 shall apply to assessments made  pursuant to this subsection. With respect to such officer, stockholder,  or other person, the Commissioner shall have all the collection remedies  set forth in this chapter.
(f)  Any  reference within this chapter to the collection of delinquent  contributions shall also include payments in lieu of contributions as  provided in Code Section 34-8-158.