Other Forced Collection Actions and Remedies
Collection Actions
Taxpayers that receive a Notice of Collection have an assessment against them that has become final and collectible. If this unpaid liability is not paid, collection officers work the account. The forced collection of past due taxes occurs if an individual or business entity fails to follow the NC state tax laws.
NC General Statutes §105-242 authorize the Department to pursue any of the following: attachments and garnishments, a certificate of tax liability (CTL), a jeopardy assessment, a tax warrant, or in civil or criminal court cases, request payment of taxes as a condition of any plea arrangement or as restitution upon any conviction.
A CTL places a judgment on any real or personal property held by a taxpayer, and it makes the liability public information. To get a clear title to the property, the CTL must be satisfied or resolved.
For more information, please review NC Gen. Stat. §105-242(c).
How do I get a CTL released?
Contact your local service center.
How do I have it removed from my credit report?
Once the CTL is satisfied and released at the Clerk of Courts’ office, the taxpayer needs to contact the various credit reporting agencies. Ask those agencies to remove it from their credit report. The NC Department of Revenue cannot have it removed.
Does a CTL prohibit me from having an installment payment agreement?
No. For more details, review the installment payment agreement information.
What is real or personal property?
Real property is any land and any buildings attached to it.
Personal property is anything that is not considered real property. Examples are vehicles, furniture, and any item considered to be personal effects or movable property.
NC General Statutes §105-241.23 authorizes the Department to immediately assess and collect any tax found to be in jeopardy.
During a jeopardy collection, the Department may use any of the collection remedies in NC General Statutes §105-242, and is not required to wait any period of time before using these remedies.
Why did I receive a jeopardy assessment?
A taxpayer may receive a jeopardy assessment if any of the following conditions are met:
- The taxpayer is or appears to be planning to quickly leave the state or to hide to defeat a tax liability.
- The taxpayer is or appears to be planning to quickly place property beyond the reach of the Department by removing it from the state, concealing it, dissipating it, selling it, or transferring it to other entities.
- The taxpayer’s financial solvency appears to be imperiled.
- The taxpayer’s financial solvency appears to be imperiled by continued business operations and refusal to pay collected trust taxes.
- Past legal actions have not resulted in compliance.
What recourse do I have if the Department issues a jeopardy assessment against me?
Review NC General Statutes §105-241.23 to determine what options are available to the taxpayer.
For additional questions, contact the service center that issued the jeopardy assessment.
A tax warrant is a request to levy upon and sell any personal property owned by a taxpayer who has failed to pay tax, penalty, interest and fees that have been assessed by the Department. The warrant is issued to the sheriff of the county in which the taxpayer’s property or business is located in, or to any Revenue Officer or other employee of the Department charged with collection of taxes.
For more information, review NC Gen. Stat. §105-242(a).
What can be seized?
Any real property (land and any buildings attached) or personal property (anything considered personal effects or movable property, i.e., not real property) owned by the taxpayer.
What may happen if the balance is not satisfied with the tax warrant?
The balance will remain due. The Department may issue another warrant or take other measures to collect the taxes due.
If I receive a tax warrant, whom should I contact?
Review the warrant to determine who served the warrant.
- If a sheriff's deputy served the tax warrant, contact the sheriff’s office.
- If NCDOR personnel served the tax warrant, contact the taxpayer's local service center.
For questions about a forced collection action that has been taken, the taxpayer may contact their local service center.
Remedies
If the Department pursues the collection options listed above, the taxpayer may:
- Pay the assessed liability in full.
- This ends the attachment and garnishment of their wages, salary, and bank deposits and the seizure of your property.
- This will release a certificate of tax liability (CTL).
- Seek the release of a CTL if one of the following conditions are met:
- The judgment was filed in error.
- The liability has become unenforceable due to the lapse of time.
- The CTL is creating an economic hardship for you.
- The fair market value of the property exceeds the unpaid liability and releasing the CTL on part of the property would not hinder collection of the liability.
- Releasing the CTL would increase the state’s chances for collecting the tax.
- The taxpayer may request to enter into an installment payment agreement.
- In civil or criminal court matters, contact your attorney and the prosecutor to determine any options.
If a taxpayer wants any of these options or remedies, please contact the Department at the number listed on the front of the Notice of Collection.
This page was last modified on 07/28/2025