The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
011
:
DETERMINATION OF LIABILITY; PUTATIVE HOLDER REMEDIES
(Cite as: 27 V.S.A. § 1584)
-
§ 1584. Judicial remedy
(a) Not later than 90 days after receiving notice of the Administrator’s determination
under section 1572 of this title, the putative holder may:
(1) file an action against the Administrator in the Civil Division of the Washington County
Superior Court challenging the Administrator’s determination of liability and seeking
a declaration that the determination is unenforceable, in whole or in part; or
(2) pay the amount or deliver the property determined by the Administrator to be paid
or delivered to the Administrator and, not later than six months after payment or
delivery, file an action against the Administrator in the Civil Division of the Washington
County Superior Court for a refund of all or part of the amount paid or return of
all or part of the property delivered.
(b) If a putative holder pays or delivers property the Administrator determined must be
paid or delivered to the Administrator at any time after the putative holder files
an action under subdivision (a)(1) of this section, the court shall continue the action
as if it had been filed originally as an action for a refund or return of property
under subdivision (a)(2) of this section.
(c) On the final determination of an action filed under subsection (a) of this section,
the court may, on application, award to the prevailing party its reasonable attorney’s
fees, costs, and expenses of litigation.
(d) A putative holder that is the prevailing party in an action under subdivision (a)(2)
of this section for refund of money paid to the Administrator is entitled to interest
on the amount refunded, at the same rate a holder is required to pay to the Administrator
under subsection 1594(a) of this title, from the date paid to the Administrator until the date of the refund. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)