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Texas Corp - Business Personal Property Tax Lawsuit


Ukyo
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In December 2009, my business shutdown and moved out of its location in Dallas in a rather hostile manner.

I just received a lawsuit form the Dallas Central Appraisal District (DCAD) (Which handles Dallas county business personal property taxes.)

In this they claim that they are due taxes for business property for Jan 1 2009, and 2010.

Since leaving the location, we did not report having any property at the location. They have made no known attempt to contact the business via phone, or registered agent mail address.

Issues and thoughts:

A.

I was personally served at home with the following information

"

*** a Texas corp whose corp. charter was forefeited on July **, 2010 for franchise taxes, which allows us to serve it's president (myself)

"

The date on the suite is stamped filed May, ** 2011 I am guessing they attempted to serve it at the office that we moved out of.

The corporation franchise was restored in July 2011.

The Alias Citation is dated Jan 24th 2012... Can they still issue an alias citation even though the corporation is in full standing?

B.

I am fairly sure taxes were paid and processed for 2009. I am going through all the company records this evening to check. I do remember going

with the cpa to get 2008 and 2009 taken care of.

C.

To my knowledge they have made no attempts to contact the business via any address other than the office we are no longer located at.

No attempts via phone number on website, or letters via registered agent mailing address.

D.

They attached the account number, and tax amounts, but not on the amount being taxed in question, or where that number came from.

This is especially the case for year 2010 when I know for fact we did not report, as we had no equipment there, and anything that

would have been there, was being claimed by the building as they refused to let us remove the remains. We have proof of when they

requested us to leave the location when we had to call police and open a report for their violent behaviour of damaging property.

E. Letter from the building

As you probably read into the last part, we are not on good terms with the building management as they have personal issues. (This is

what lead us to leave.) This makes it near impossible to get a letter of any kind from them stating anything.

F. The Tax collection agency tends to get most of its data from multi-tenant buildings reporting a list of tenants located in the building.

This does not include amounts, however it lets the tax agency know they need to talk to someone. It does not appear to be an offense of any

kind that I can find to "mis-list" a tenant on this list, which the tax agency will happily sue you over apparently.

G. On the Alias citation, it states that I am to personally appear in court to represent this case. In Texas, a lawyer must represent a corporation.

Even though the charter was forfeited during the time of initial suit, does that mean I can answer it directly? Even thought the charter was

corrected since I was personally served? I would prefer to not have to use a lawyer.

H. Generally in a suite.. there are allegations to respond to. In this, there are none. There is just an exhibit listing taxes.

How do you respond at all?

I. They also chose Level 2 Discovery.

Thank You,

ukyo

Edited by Ukyo
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