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Texas district court

Property-tax lawsuit (delinquent taxes)

A taxing unit sues to collect delinquent property taxes and to foreclose its tax lien. You can ask about payment agreements, deferrals for some homeowners, and your rights after any sale.

General courtroom guidance, not legal advice. The papers you received (the citation, the notice, the court's order) set your real deadlines. Free legal aid can review your plan.

Write my statement

What happens

  • You are served with a petition; file an answer by the deadline in the citation.
  • The tax attorney may offer a payment agreement; judgments often include a sale date if taxes stay unpaid.
  • Homeowners 65 or older or disabled may be able to defer collection on a homestead; after a sale there can be a right to redeem and a claim to excess proceeds.

Who is there

  • The judge
  • The taxing unit's attorney
  • You (the homeowner)

What to bring

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What the judge may ask — practice cards

Question 1 of 2

“Can you pay the taxes, or part of them?”

How to address the judge

Say "Your Honor" when speaking to the judge. Say "Judge" if you forget — that is fine too.

Courtroom manners

  • Arrive at least 30 minutes early; security lines can be slow.
  • Dress neatly, as for an important meeting. Silence your phone.
  • Stand when the judge enters and when you speak, unless told to sit.
  • Speak only when it is your turn; never interrupt the judge or the other side.
  • If you do not understand a question, say so and ask the judge to repeat it.
  • You may ask for a court interpreter. Ask the clerk before the hearing day if you can.

How to present your papers

  • Bring three copies of every paper you want the judge to see: one for the judge, one for the other side, one for you.
  • Put them in date order and number them (Exhibit 1, 2, 3…).
  • Ask: "Your Honor, may I hand up Exhibit 1?" Wait for permission before walking to the bench.
  • Envelopes, certified-mail receipts and postmarks can prove dates — keep them.

How to mention a case

Say the case name and citation slowly, then one sentence on why it matters: "Your Honor, in Sauceda v. GMAC Mortgage, 268 S.W.3d 135, the court held … Here, …". Hand the judge and the other side a printed copy if you can.

What not to say

  • Do not call anyone a liar or a crook. Say what the papers show instead.
  • Do not guess. If you do not know, say "I do not know."
  • Do not promise payments you cannot make.
  • Do not bring up things the judge cannot decide today; stay on the question in front of the court.

Rules to read

  • Tex. Tax Code § 33.41
  • Tex. Tax Code § 33.06
  • Tex. Tax Code § 34.04
  • Tex. Tax Code § 34.21

Cases that may help at this hearing

  • Homeowner wonBinding

    Tyler v. Hennepin County

    598 U.S. 631 · Decided 2023

    Geraldine Tyler, 94 years old, owed about $15,000 in property taxes on her Minneapolis condo. The county seized it, sold it for $40,000, and kept all of it.

    Why this case

    • It deals with tax sale surplus (excess proceeds), which is part of your situation.
    • It involves property taxes, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner wonBinding

    Jones v. Flowers

    547 U.S. 220 · Decided 2006

    Gary Jones moved out of his Arkansas house but kept paying the mortgage. When taxes went unpaid, the state mailed notice by certified mail; it came back unclaimed, and the state sold the house anyway.

    Why this case

    • It deals with notice before a tax sale, which is part of your situation.
    • It involves property taxes, like your case.
    • Courts deciding your case must follow it.
    Read the case
  • Homeowner lostBinding

    Pung v. Isabella County

    No. 25-95 (U.S. June 23, 2026) · Decided 2026

    The Pung family owed about $2,242 in property taxes. Isabella County, Michigan, sold their home — assessed at $194,400 — for $76,008 at auction. Their representative argued they were owed the home's fair market value, not just the auction surplus.

    Why this case

    • It deals with tax sale surplus (excess proceeds), which is part of your situation.
    • It involves property taxes, like your case.
    • Courts deciding your case must follow it.
    Read the case

You are not the first

People have stood where you are standing and been heard. These are real, sourced outcomes.

  • $9.961 billion

    Homeowner Assistance Fund

    The federal Homeowner Assistance Fund provided $9.961 billion, distributed through states, territories and tribes, to help homeowners facing hardship. Programs and deadlines vary by state; ask your state housing agency what is still open.

    Source: U.S. Department of the Treasury
  • Free / low cost

    HUD-approved housing counselors

    HUD-approved housing counseling agencies can give independent advice, often at little or no cost. The CFPB keeps a searchable list of counselors near you.

    Source: Consumer Financial Protection Bureau

Recent homeowner wins in the library