New Jersey Statutes 54:4-128. Facts to be established; verification of complaint, effect
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Terms Used In New Jersey Statutes 54:4-128
- collector: when used in relation to the collection of taxes or water rents or other public assessments, includes all officers charged with the duty of collecting such taxes, water rents or assessments, unless a particular officer is specified. See New Jersey Statutes 1:1-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
The plaintiff in the action shall establish:
(a) that such delinquent taxes remain due and unpaid at the commencement of the action,
(b) that the collector has exercised due diligence to collect such delinquent taxes, and
(c) that he verily believes that such real property is income-producing, or, if the property is not income-producing, that it can be leased and thereby made to become income-producing, and that the collection of such delinquent taxes can be made through a receivership of the rents and income from such real property.
A verification of the complaint in the action shall be prima facie evidence of the facts therein stated.
L.1939, c. 362, p. 872, s. 6. Amended by L.1940, c. 32, s. 1; L.1953, c. 51, p. 896, s. 27.