Legal Question in Tax Law in Texas

tax suit vs. a writ of execution

Does a filing of a petition by a taxing district to collect ad valorem taxes prevent a creditor from obtaining a levy of execution before the tax case goes to trial? Would the execution be allowed to be properly performed? And what liability would there be for the creditor in this case if he were named as a defendant in the tas case (in rem only)?


Asked on 9/23/03, 4:41 pm

1 Answer from Attorneys
Barbara Lamar Law Office of Barbara Lamar

Re: tax suit vs. a writ of execution

The following answer assumes that the taxing authority has a lien on the property and will be seeking judicial foreclosure. In this case, the other creditor would take the property subject to the tax lien. The other creditor would not thereby become personally liable for the tax, but the taxing authority would have a claim against the property.

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Answered on 9/24/03, 1:56 pm


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