Techoclaro
Back to the guide
Step 5People & helpProperty-tax guide

When the county sues for property taxes

What a tax lawsuit is, what the citation means, and what can still be done.

General information, not legal advice. Techoclaro is not a law firm, not the tax office and not connected to any taxing unit. For your situation, talk to free legal aid or a lawyer.

The lawsuit

Any time after taxes are delinquent, a taxing unit can sue to foreclose its tax lien, to make you personally liable, or both. The tax lien comes ahead of the mortgage and HOA liens.

[Tex. Tax Code §§ 33.41(a), 32.05(b)]

The citation

The citation tells you a case was filed and when your answer is due — the deadline is printed on it and it is short. Write down the cause number and call legal aid the same day.

[Tex. Tax Code § 33.41]

Costs added in a suit

Court costs, the cost of finding parties, and — only if no collection penalty was charged — attorney’s fees of 15% of the tax, penalty and interest can be added.

[Tex. Tax Code § 33.48(a)]

What can still help

A payment plan stops a suit from going forward while you keep it; a deferral affidavit filed in the court abates the suit for eligible owners; paying the amount due ends it. Bankruptcy generally pauses a sale while the case is open — talk to a lawyer first.

[Tex. Tax Code §§ 33.02(d), 33.06(c)]