. . . M. W. estbrook . . If their lawsuit goes through, it allows your tax collector to foreclose on your home to settle your debt. If you have unpaid Texas property taxes, you may be facing a lawsuit from your tax collector. . . . Clerk of the District Court. . County, Texas, at the Court­house of said county in. . . L. ate. . . . . . . . . .. . . . . TAX21750 SUIT NO. . TAX21750 HUNT COUNTY § IN THE DISTRICT COURT VS. § § § 354TH JUDICIAL DISTRICT ESTATE OF HAZEL ROGERS § HUNT COUNTY, TEXAS THE STATE OF TEXAS HUNT COUNTY CITATION BY POSTING In the name and authority of the State of Texas … . . . . . . Delinquent tax notices will continue to be sent. as Plaintiffs, against . County, Texas, this. . . At any time after a property tax becomes delinquent, a taxing unit may file suit to foreclose the lien securing payment of the tax, to enforce personal liability for the tax, or both. . . . . . . . . . 2. . . Citation/Notice Text : CAUSE NO. . ., Plaintiff, filed in said Court on the. . . . . Citation in Suits for Delinquent Ad Valorem Taxes (1947). . . . . . I got a citation in delinquent tax suit and have to file an answer and need a form to fill out to send back. . 33.41. Property Lot 13 in Block 23 of Valencia Park, a subdivi-sion in Harris County, Texas according to the map or plat thereof recorded in Volume 8, Page 49 of the Map … . . and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the following described property delinquent to Plaintiff herein, for taxes, to-wit: . . . The citation should include a petition signed by the taxing authorities' lawyer. . . Wiki User Answered . . It matters because laws vary by location. . . . ., Defendant. . . Do not expect them to negotiate because your property is in the pipeline from you to them and only $$$ can stop it. . . ., Deputy. Such citation by publication shall be directed to the defendants by names or by designation as hereinabove provided, and shall be issued and signed by the clerk of the court in which such tax suit is pending. . . .. YOU ARE HEREBY COMMANDED to appear and answer before the Honorable District Court, . . . Proof of the posting of the citation shall be made by affidavit of the attorney for the plaintiff, or of the person posting same. . . . Generally, subject to a couple of exceptions, if the taxes aren’t paid before February 1 of the following year for which the tax is imposed, the taxes are considered delinquent. . . . rule 115. form of published citation in actions involving land rule 116. service of citation by publication rule 117. return of citation by publication rule 117a. . . . You are hereby notified that suit has been brought by. . . The statement of the nature of the suit, to be set out in the citation, shall be sufficient if it contains a brief general description of the property upon which the taxes are due and the amount of such taxes, exclusive of interest, penalties, and costs, and shall state, in substance, that in such suit the plaintiff and all other taxing units who may set up their claims therein seek recovery of the delinquent ad valorem taxes due on said property, and the establishment and foreclosure of liens, if any, securing the payment of same, as provided by law; that in addition to the taxes all interest, penalties, and costs allowed by law up to and including the day of judgment are included in the suit; and that all parties to the suit, including plaintiff, defendants, and intervenors, shall take notice that claims for any taxes on said property becoming delinquent subsequent to the filing of the suit and up to the day of judgment, together with all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered therein without further citation or notice to any parties thereto. . . . . . A maximum fee of two and one-half cents per line (six words to count for a line) for such insertion may be taxed for publishing said citation. 0 found this answer helpful . . . . Delinquent Citation System . . It may then initiate a foreclosure by filing a lawsuit in court. . . Service of Citation The citation in an Eviction Case must be served by a sheriff or constable, unless otherwise authorized by written order of the Court. . . . . . . . . . . . Such citation need not be accompanied by a copy of plaintiff's petition and no such copy need be served. The Texas Rules of Civil Procedure require sales be held on the first Tuesday of the month‚ between the hours of 10:00 a.m. and 4:00 p.m. at a place designated by the Commissioner’s Court. . . . If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00a.m. CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES. . . . . Judicial District, . . . . . . . . copy of decree . . . . . . . Texas By /s/ C. Cartwright, #1166, Deputy CITATION BY PUBLICATION Suit No. . . . . A taxing unit filing suit to foreclose a tax lien on real property shall join other taxing units that have claims for delinquent taxes against all or part of the same property. . . . . . . . . L. ate. . CITATION IN TAX SUITS: GENERAL PROVISIONS. Such citation shall also show the names of all taxing units which assess and collect taxes on said property not made parties to such suit, and shall contain, in substance, a recitation that each party to such suit shall take notice of, and plead and answer to, all claims and pleadings then on file or thereafter filed in said cause by all other parties therein, or who may intervene therein and set up their respective tax claims against said property. The officer executing this return shall promptly serve the same according to the requirements of law and the mandates hereof and make due return as the law directs. . . . . This law firm will generally not file a law suit to collect a tax unless prior efforts to collect the unpaid tax have been unsuccessful. . . day of. day of. Your citation also states how many days you have to answer the original petition. . . . . D. irector . . . . . . 5. ., 19. . . . If the publication of the citation cannot be had for such fee, chargeable as costs and payable upon sale of the property, as pro­vided by law, and such facts are supported by the affidavit of the attorney for the plaintiff or the attorney requesting the issuance of the process, then service of the citation herein provided for may be made by posting a copy at the courthouse door of the county in which the suit is pending, the citation to be posted at least twenty-eight days prior to the return day fixed in said citation. . S. teve . . . (a) In a suit to collect a delinquent tax, an attorney ad litem appointed by a court to represent the interests of a defendant served with process by means of citation by publication or posting shall submit to the court a report describing the actions taken by the attorney ad litem to locate and represent the interests of the defendant. . Tax Code § 33.41). . It is my daughter's home in Houston ( I now reside in San Antonio) and the taxes are owed Spring ISD and Harris County MUD #96. Lawyer's Assistant: What steps have you taken so far? She borrowed against said property yet has not paid taxes on the … . § 33.41(a) (West 2015). . . . County, Texas,. ., said suit being number. . You must follow the Texas Rules of Civil Procedure and show the court that you have given legal notice. . . Sec. . . ., Texas, this the. . . . . . County, Texas. . . . . . . . . . . . Please provide proof of delinquency. . . . . . Tax Code § 32.01). . . . Waiver of citation. . . . . SERVICE BY PUBLICATION: NON­RESIDENT, ABSENT FROM STATE, TRANSIENT, NAME UNKNOWN, RESIDENCE UNKNOWN, OWNER UNKNOWN, HEIRS UNKNOWN, CORPORATE OFFICERS, TRUSTEES, RECEIVERS OR STOCKHOLDERS UNKNOW N, ANY OTHER UNKNOWN PERSONS OWNING OR CLAIMING OR HAVING AN INTEREST: Where any defendant in a tax suit is a nonresident of the State, or is absent from the State, or is a transient person, or the name or the residence of any owner of any interest in any property upon which a tax lien is sought to be foreclosed, is unknown to the attorney requesting the issuance of process or filing the suit for the taxing unit, and such attorney shall make affidavit that such defendant is a nonresident of the State, or is absent from the State, or is a transient person, or that the name or residence of such owner is unknown and cannot be ascertained after diligent inquiry, each such person in every such class above mentioned, together with any and all other persons, including adverse claimants, owning or claiming or having any legal or equitable interest in or lien upon such property, may be cited by publication. . . . . . . . . .., Texas, at or before 10 o'clock a.m. of the Monday next after the expiration of 20 days from the date of service of this citation, then and there to answer the petition of. . . . . . County, Texas, to be held at the court­house thereof, then and there to show cause why judgment shall not be rendered for such taxes, penalties, interest, and costs, and condemning said property and ordering foreclosure of the constitutional and statutory tax liens thereon for taxes due the plaintiff and the taxing units parties hereto, and those who may intervene herein, together with all interest, penalties, and costs allowed by law up to and including the day of judgment herein, and all costs of this suit. day of….. , A.D., 19... (which is the return day of such citation), before the honorable District Court of. . . . (a) A delinquent tax incurs a penalty of six percent of the amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent. . . . . . . . . . All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims not only for any taxes which were delinquent on said prop­erty at the time this suit was filed but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein without further citation or notice to any parties herein, and all said parties shall take notice of and plead and answer to all claims and pleadings now on file and which may hereafter be filed in said cause by all other parties herein, and all of those tax­ing units above named who may intervene herein and set up their respective tax claims against said property. ., 19. . . . . . . . To . In Texas, like other states, the delinquent tax amount—including interest and penalties—becomes a lien on a home. What is “service of citation”? . . . . . . . . . . . . Proof of the Posting of the citation shall be made by affidavit of the attorney for the plaintiff, or of the person pasting it. . . . . . To write a general denial for a civil case in Texas, use a form answer. TAX21715 ... TEXAS .. 7/!J..7 Citation by Posting slh Page I of4 Suit Key No. (a) At any time after its tax on property becomes delinquent, a taxing unit may file suit to foreclose the lien securing payment of the tax, to enforce personal liability for the tax, or both. . . . . . . . It states, among other things, that a copy of a petition does not need to be served with the citation. . . . . ., Texas, this the. . . . . . . . . Justices disagree on delinquent tax penalties and interest in tax suit HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] . . . . . . A 10 percent charge is put on the unpaid balance assessed after Dec.10 and, if necessary, after April 10 as well. DC89-TX2020-0647 WICHITA COUNTY { IN THE 89TH DISTRICT COURT VS. { COURT OF GRIEGO, LOUIS ALSO KNOWN AS { WICHITA COUNTY, TEXAS LOUIS GREIGO CITATION BY PUBLICATION THE STATE OF TEXAS COUNTY OF WICHITA IN THE MATTER AND BY THE AUTHORITY OF THE STATE OF TEXAS … . Such citation shall be published in the English language one time a week for two weeks in some newspaper published in the county in which the property is located, which newspaper must have been in general circulation for at least one year immediately prior thereto and shall in every respect answer the requirements of the law applicable to newspapers which are employed for such a purpose, the first publication to be not less than twenty­eight days prior to the return day fixed in the citation; and the affidavit of the editor or publisher of the newspaper giving the date of publication, together with a printed copy of the citation as published, shall constitute sufficient proof of due publication when returned and filed in court. . . . T. om . The statement of the nature of the suit, to be set out in the citation, shall be sufficient if it contains a brief general description of the property upon which the taxes are due and the amount of such taxes, exclusive of interest, penalties, and costs, and shall state, in substance, that in such suit the plaintiff and all other taxing units who may set up their claims therein seek recovery of the delinquent ad valorem taxes due on said property, and the establishment and foreclosure of liens, if any, securing the payment of same, as provided by law; that in addition to the taxes all interest, penalties, and costs allowed by law up to and including the day of judgment are included in the suit; and that all parties to the suit, including plaintiff, defendants, and intervenors, shall take notice that claims for any taxes on said property becoming delinquent subsequent to the filing of the suit and up to the day of judgment, together with all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered therein without further citation or notice to any parties thereto. . . . . . . . Section 118.121, Texas Local Government Code governs the filing fee, and additional fees for basic civil legal services to indigents (Section 51.941, Texas Government Code) are applicable. Travis County, which includes the City of Austin, is the only county in the State of Texas that has not outsourced their collections to a law firm. . The properties are then reoffered for sale as tax resale property. . . . . . . Tax Sales CITATION BY PUBLICATION Suit No. . . T. om . . Most jurisdictions, however, will work with a person struggling to make payments, as long as they can arrange to pay a certain amount each month. . The officer executing this return shall promptly serve the same according to the requirements of law and the mandates hereof and make due return as the law directs. . . . . . . . . . . P. repared . . . . . . Such orders could include … ., A. D., 19. . . ., said suit being number. . 2492617 Suit No. . . . . . If your first filing is a general denial, you may waive jurisdictional issues. . . It shall be sufficient if it states the file number and style of the case, the date of the filing of the petition, the names of all parties by name or by designation as hereinabove provided, and the court in which the suit is pending; shall command such parties to appear and defend such suit at or before 10 o'clock a.m. of the first Monday after the expiration of forty-two days from the date of the issuance thereof, specifying such date when such parties are required to answer; shall state the place of holding the court, the nature of the suit, and the date of the issuance of the citation; and shall be signed and sealed by the clerk. . All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims not only for any taxes which were delinquent on said property at the time this suit was filed but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein without further citation or notice to any parties herein, and all said parties shall take notice of and plead and answer to all claims and pleadings now on file and which may hereafter be filed in this cause by all other parties hereto, and by all of those taxing units above named, who may intervene herein and set up their respective tax claims against said property. . . . . . . In a suit to foreclose a delinquent tax lien, the taxing unit shall join each transferee of a tax lien under … . Jul. . . . 5. . . . Which said property is delinquent to Plaintiff for taxes in the following amounts: $……………………., exclusive of interest, penalties, and costs, and there' is included in this suit in addition to the taxes all said interest, penalties, and costs thereon, allowed by law up to and including the day of judgment herein. . . . Tax Code § 31.02). . . . . . . . . . . You are hereby commanded to appear and defend such suit on the first Monday after the expiration of forty-two (42) days from and after the date of issuance hereof, the same being the. . . 4. D. irector . . . . . . . . . . Where any defendant in a tax suit is a resident of the State of Texas and is not subject to citation by publication under subdivision 3 below, the process shall conform substantially to the form hereinafter set out for personal service and shall contain the essential elements and be served and returned and otherwise regulated by the provisions of Rules 99 to 107, inclusive. You are hereby commanded to appear and defend such suit on the first Monday after the expiration of forty-two (42) days from and after the date of issuance hereof, the same being the. . . . . Texas. . . But when do overdue taxes become delinquent? . . . . . Enter your name, driver's license and Social Security number and sign at the bottom. . Rule 117a - Citation in Suits for Delinquent Ad Valorem Taxes. . . . . . . . . . . . . . . . . . . . . . . What is “service of citation”? . . . . . . . . . . . If this citation is not served within 90 days after the date of its issuance, it shall be returned unserved. . . . . . b. y: T. he. . . . . It is legal notice to the other side that you have filed your case. . . All parties to this suit, including plaintiff, defendants, and intervenors, shall take notice that claims not only for any taxes which were delinquent on said property at the time this suit was filed but all taxes becoming delinquent thereon at any time thereafter up to the day of judgment, including all interest, penalties, and costs allowed by law thereon, may, upon request therefor, be recovered herein without further citation or notice to any parties herein, and all said parties shall take notice of and plead and answer to all claims and pleadings now on file and which may hereafter be filed in this cause by all other parties hereto, and by all of those taxing units above named, who may intervene herein and set up their respective tax claims against said property. Said taxes exclusive of interest, penalties and costs, are as follows $2,599.49 and in addition to the taxes, there is included in this suit, all interest, penalties, attorney's fees, and costs thereon, . . You must follow the Texas Rules of Civil Procedure and show the court that you have given legal notice. . . . . . . . . . . . . . . . . . . Clerk of the District Court of………………………………………………. The docu … read more . PERSONAL SERVICE: 0WNER AND RESIDENCE KNOWN, WITH­IN STATE: Where any defendant in a tax suit is a resident of the State of Texas and is not subject to citation by publication under subdivision 3 below, the process shall conform substantially to the form hereinafter set out for personal service and shall contain the essential elements and be served and returned and otherwise regulated by the provisions of Rules 99 to 107, inclusive. . . . . . . 4. . . 1 Sheriffs’ Association of Texas . Lawyer's Assistant: What state are you in? . . (a) If a public official is required or permitted by law to serve legal process by mail, including process in a suit for delinquent taxes, the official may: (1) collect advance payment for the actual cost of the postage required to serve or deliver the process; or (2) assess the expense of postage as costs. . . . CITATION IN SUITS FOR DELINQUENT AD VALOREM TAXES. . . . . . ... that requested the Order of Sale and then jointly owned by all of the taxing jurisdictions that participated in the tax suit. . . . . . . An affidavit which complies with the foregoing requirements therefor shall be sufficient basis for the citation above mentioned in connection with it but shall be held to be made upon the criminal responsibility of affiant. . . . . . . . . Top Answer. . copy of decree rule 120. entering appearance rule 120a. . 26, 2007)(Higley)(tax suit, assessment of penalties and interest where tax statement was not mailed to property owner or agent at correct address)(construction of legislative amendments, … . Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclosure of liens securing the payment of same, as provided by law. . . . . . . After citation or notice has been given on behalf of any plaintiff or intervenor taxing unit, the court shall have jurisdiction to hear and determine the tax claims of all taxing units who are parties plaintiff, intervenor or defendant at the time such process is issued and of all taxing units intervening after such process is issued, not only for the taxes, interest, penalties, and costs which may be due on said property at the time the suit is filed, but those becoming delinquent thereon at any time thereafter up to and including the day of judgment, without the necessity of further citation or notice to any party to said suit; and any taxing unit having a tax claim against said property may, by answer or intervention, set up and have determined its tax claim without the necessity of further citation or notice to any parties to such suit. . . . . 3. . Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclosure of liens, if any, securing the payment of same, as provided by law. M. W. estbrook . TAX21889 STATE OF TEXAS X ... TEXAS. . TAX CODE ANN. . Judicial District, and the file number of said suit is. . . . . . . . . . . .. . All unknown owners of any interest in any property upon which any taxing unit seeks to foreclose a lien for taxes, including stockholders of corporations -- defunct or otherwise – their successors, heirs, and assigns, may be joined in such suit under the designation of "unknown owners" and citation be had upon them as such; provided, however, that record owners of such property or of any apparent interest therein, including, without limitation, record lien holders, shall not be included in the designation of "unknown owners"; and provided further that where the rendition or assessment list in the assessor's office shows the address of any record owner, citation of such record owner may not be had by publication or posting unless the party applying therefore shall first make affidavit that he has caused citation to issue for personal service on such defendant at the address shown on said rendition or assessment list and has attempted to secure service thereof, but has been unable to do so. . . . . . (a) In a suit to collect a delinquent tax, the taxing unit's current tax roll and delinquent tax roll or certified copies of the entries showing the property and the amount of the tax and penalties imposed and interest accrued constitute prima facie evidence that each person charged with a duty relating to the imposition of the tax … . . . . . After you become delinquent on your real property taxes in Texas, the taxing authority gets a lien on your home. Delinquent tax suit. . and any and all other persons, including adverse claimants, owning or having or claiming any legal or equitable interest in or lien upon the following described property delinquent to Plaintiff herein, for taxes, to-wit: . . . But the citation does need to contain: . . . . . . S. teve . . . County, Texas, . . . . . . ., in a certain suit styled. . . . . E. xecutive . . . . . . Tax Bills & Delinquent Taxes. . . . . . . . (a) In a suit to collect delinquent property taxes by the state or a political subdivision of the state in which a defendant in the suit is a nonresident, the secretary of state is an agent for service of process on that defendant if the defendant owns, has, or claims an interest in or … . . . . . . . . This is a suit brought by respondent, Clarence E. Farmer as plaintiff, for foreclosure of a tax lien against certain real estate situated in the City of Fort Worth, Texas. The law does provide limited latitude for having late payments if the appraisal district or the tax … . . . . When citation is served as herein provided it shall be sufficient, and no other form of citation or notice shall be necessary to such defend­ants included therein. . . . . You are hereby notified that suit has been brought by. . I got a citation and the first pargagraph states: "You may employ an attorney. SUBSTITUTED SERVICE IN DELINQUENT TAX CASES. . . The amount of taxes due Plaintiff, exclusive of interest, penalties, and costs, is the sum of $. . By . . . . . . . . . . . Which said property is delinquent to Plaintiff for taxes in the following amounts: $……………………., exclusive of interest, penalties, and costs, and there' is included in this suit in addition to the taxes all said interest, penalties, and costs thereon, allowed by law up to and including the day of judgment herein. . . . . . . .., Texas, at or before 10 o'clock a.m. of the Monday next after the expiration of 20 days from the date of service of this citation, then and there to answer the petition of. . Clerk of the District Court of………………………………………………. . . . If you don't file an answer, the debt collector will win by default – even if you don't actually owe the amount in their petition or they were otherwise barred from suing you. Delinquent Tax; Outstanding Citation; Toll Road Violation; Handling tax resales in Texas. . . . . . . . . 6. . . . . . . Citation Rule 117a of the TEXAS RULES OF CIVIL PROCEDURErelates to citations in delinquent tax suits. . Plaintiff and all other taxing units who may set up their tax claims herein seek recovery of delinquent ad valorem taxes on the property hereinabove described, and in addition to the taxes all interest, penalties, and costs allowed by law thereon up to and including the day of judgment herein, and the establishment and foreclosure of liens securing the payment of same, as provided by law. . . day of. .. YOU ARE HEREBY COMMANDED to appear and answer before the Honorable District Court, . . . . . . . . . All defendants of the classes enumerated above may be joined in the same citation by publication. Issued and given under my hand and seal of said court in the City of. . . . . . . . . . . . . . . . . Property Hollins AKA Uline HolLot 7 in Block 3 of Replat .. . . . . . . The suit must be in a court of competent jurisdiction for the county in which the tax was imposed. Debt Collection Practices The OCCC frequently receives questions and complaints from consumers about the negative debt collection practices they experience. . The county tax collector charges penalties and fees on delinquent tax accounts. . Lost jobs and unexpected car repairs have gotten up way behind in our taxes. . Such citation need not be accompanied by a copy of plaintiff's petition and no such copy need be served. . . . . . . . . . . . . . . If you're served with a lawsuit for debt collection, you may be angry or scared, but the one thing you can't do is ignore it. . . . . . . . . . . . . . . FORM OF CITATION BY PERSONAL SERVICE IN OR OUT OF STATE: The form of citation for personal service shall be sufficient if it is in substantially the following form, with proper changes to make the same applicable to personal property, where necessary, and if the suit includes or is for the recovery of taxes assessed on personal property, a general description of such personal property shall be sufficient: To. . PERSONAL SERVICE: OWNER AND RESIDENCE KNOWN, OUT OF STATE: Where any such defendant is absent from the State or is a nonresident of the State and is not subject to citation by publication under subdivision 3 below, the process shall conform substantially to the form hereinafter set out for personal service and shall contain the essential elements and be served and returned and otherwise regulated by the provisions of Rule 108. . 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