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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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We (my wife and I) are the co-dendants in an ad valorem tax

Customer Question

We (my wife and I) are the co-dendants in an ad valorem tax lawsuit in a different county (Same State) that we live in. We are the lien-holdrs in the citation (for past due school taxes on the property that we hold the lien on). I am trying to understand the various legal terms used in a legal defense as a defendant. Please advise... any suggestions???
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.
Customer: The current buyers of the property have not paid the ad valorem taxes for 4 years. The plaintiffs are asking for nearly $4000 plus court costs, lawyers fees, etc.
JA: Have you talked to a lawyer yet?
Customer: Yes I did. He was able to assist me in getting a copy of the Lien document which lists my wife and I as lien holders on the property in question.
JA: What advice did they give you?
Customer: I have had to do my own research. Basically he told me to file an answer as soon as possible. My problem in understanding the various "Affirmative Actions" that will satisfy the court (assuming truthfulness)
JA: Anything else you think the lawyer should know?
Customer: Well, this whole mess (lawsuit) came about as a result of a home we sold in 1989, and the buyer, at that time, set us up as lienholders of the property (assessed with late property taxes) without our express knowledge and consent.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 7 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What state is the property located in? Is the buyer of the property also listed as a co-defendant, or is it just you and your wife? Are the plaintiffs asking to foreclose on the property?

Customer: replied 7 months ago.
Del Rio, Texas (Val Verde County) Buyers of the property are also listed as co=defendants (as well as my wife and I, who are the lienholders). Suit does not name the lienholders as being sued "in rem" only. Plaintiffs in the case will foreclose if property taxes are not paid unless a satisfactory settlement is reached. I have responded to the citation, asking for a "Release" as a defendant's Answer. Should I also answer with the defense of "contributory negligence" on the part of the buyers' failure to pay their Ad Valorem taxes (for the years 2010 - 2015" amounting to $3902? P.S. I need to mail my Amswer tomorrow (Certified Mail With Return Receipt) before the statutory deadline. P.S. I need to take a break (for about an hour) and then I will be back to see your answer.) Thank you. One more thing, I can send you copies of the lawsuit itself via attachments , if it will help??
Customer: replied 7 months ago.
I need an a reply to my questions as soon as possible, please. I need to mail my Answer (Official Texas Form) tomorrow in order not to exceed the deadline to file my answer with the court of jurisdiction and the plaintiff's lawyers.Thank you.

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