§ 18-226. Remedies of aggrieved parties.  


Latest version.
  • A right of action is hereby created to afford a remedy at law for any dealer aggrieved by the provisions of this article; and in case of any such dealer resisting the payment of any amount found due, or the enforcement of any provisions of such laws in relations thereto, such dealer shall pay the amount found due by the tax collector and shall give the tax collector notice, at the time of his intention to file suit for the recovery of the same; and upon receipt of such notice the amount so paid shall be segregated and held by the tax collector for a period of thirty (30) days; and if suit be filed within such time for recovery of such amount, such funds so segregated shall be further held, pending the outcome of such suit. If the dealer prevails, the tax collector shall refund the amount to the claimant, with interest at the rate of two (2) percent per annum covering the period from the date the said funds were received by the parish school board sales and use tax department to the date of notice. From date of submission by dealer of notice to date of refund the interest shall be at the rate established pursuant to Civil Code Article 2924 (B)(3) per year, subject to limitation in section 18-206.

(Ord. No. 8-1992-1, § 11.01, 8-10-92)