[TN] What can a property owner do if sued for delinquent taxes despite having a verbal payment plan?
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I received a summons and complaint for delinquent taxes on land I own in Lincoln County, Tennessee. I didn't know I owed any taxes and spoke with the county before regarding this, and now I'm not sure what to do. I recently got hurt on the job and I'm dealing with OWCP, which has hurt my income. I also have a lawsuit that I won going into appeals court in Texas that is tying up funds I could use in this matter, and now I'm not sure what to do since I don't want to lose the property but also can't afford another attorney.
I understand how stressful it can be to receive a summons, especially when you're already dealing with other financial challenges. Have you had any prior communication with the county regarding the tax issue, and if so, what was discussed?
Yes, last year I spoke to them to work out an arrangement.
Are there any specific deadlines mentioned in the summons that you need to be aware of?
30 days to answer the complaint.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your tax summons.
Yes.
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, since I am typically working with several customers at once on the website. I have read your post, and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.
When you spoke with them, did they offer any type of payment plan or no?
Yes, I've been on it for over a year, that's why this blindsided me.
Okay, are you saying that you did work out a payment plan and have been complying with the terms of the payment plan? Do you have anything in writing from the city or county about the agreement?
No, it was all on the phone.
And yes, I've been complying with it.
Okay, then your best option here is to contact the attorney who is representing the city and see if you can figure out what happened with the original agreement, and get some type of settlement in writing to avoid them pursuing the lawsuit for the back taxes and getting a judgment, which they will then attempt to use to foreclose on and force a sale of the property for the delinquent taxes. They just want their money, so the attorney may have authority to settle the matter with you outside of court and then dismiss their case. I would suggest getting a print out, if possible, of all the payments you have made under the agreement, to show that you have been acting in good faith based on the verbal agreement.
In Tennessee, delinquent real property taxes are enforced through a judicial collection process rather than an automatic administrative forfeiture, meaning the county (or its attorney) must generally file suit and obtain a court judgment before a tax sale of the property can proceed. This gives a property owner a window, before judgment or sale, to negotiate a resolution such as a payment plan, reinstatement of a prior arrangement, or a settlement with the collecting attorney. Tennessee's delinquent property tax enforcement provisions are found in Tenn. Code Ann. Title 67, Chapter 5, Part 20 (TN Code § 67-5-2010).
This sounds like somebody never made a notation in your file that you had entered into an agreement to pay the back taxes over time, and that is why this has come up.
Ok, I'll do that, thank you for your help.
It was my pleasure to work with you and help with your question. Have a good evening and be safe!
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