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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15590
Experience:  15years with H & R Block. Divisional leader, Instructor
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My parents received a letter about taxes that they owe on a

Customer Question

My parents received a letter about taxes that they owe on a property. In the letter it is like a case in it has a court date.
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.


The tax collector’s last resort is to take a delinquent taxpayer to court. Court costs will be added to the delinquent tax bill. This may be the notice that your parent's are being sued for the taxes.

In Texas, if taxes go delinquent, the tax collector adds a six percent penalty and one percent interest on Feb. 1.

Penalty continues to accrue at one percent per month until July 1.

On July 1, the penalty becomes 12 percent. Interest will be charged at the rate of one percent per month, with no maximum. Private attorneys hired by taxing units to collect delinquent accounts can charge an additional penalty of up to 20 percent to cover their fees. If the delinquency date is postponed, penalties and interest begin accruing on the postponed delinquency date.

Your parents would need to show up on the date shown or they should contact the tax assessor in their specific county (where the property is located).

Customer: replied 1 year ago.
It is important for them to appear at court. So, what can we expect at court?.how can they prepare?
Expert:  Robin D. replied 1 year ago.

If they have not paid then there is no preparation except to pay. If they have paid they need to have their proof of payment. If they can pay prior to July 1st (providing this was due Jan 2016) then that would be good.

In Texas there is no provision to hold back payment of property tax and they could have requested to pay in installments.

In addition to penalties and interest, the Tax Code §33.48 provides that the plaintiff shall recover attorney fees if suit is filed and the delinquent taxes are not paid before July 1. The taxing jurisdiction and its counsel may set the attorney fee, but the fee cannot exceed 20% of the total of the delinquent tax, penalties, and interest. Tax Code §6.30(c). Like the penalties and interest, attorney fees are mandatory, and the court does not have discretion to award a different amount.