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06-F Tax Proposal - McCreary
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06-F Tax Proposal - McCreary
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Last modified
9/12/2012 10:57:15 AM
Creation date
11/5/2001 5:47:56 PM
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Template:
AGENDA
Item Number
6-F
AGENDA - Type
PROPOSAL
Description
McCreary, Veselka, Bragg & Allen, PC
AGENDA - Date
11/12/2001
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CI'rY OF PALES'i"INE - REPOR'1' ON COLLEC7'ION OF ELINQt1EN2' PROPER2"Y TAXES <br />DEFINITIONS AND COMMENTS REGARDING CHARTS 3, 4 AND 5 <br />Lawsuits/Judgments <br />From October 1, 1999 through September 30, 2000, the Firm has filed 76 delinquent <br />tax suits on 100 parcels, totaling $96,385, for the collection of delinquent taxes. Often <br />property owners enter into payment arrangements subsequent to the filing of suit. <br />Further prosecution of these delinquent tax suits is abated as long as the taxpayer <br />complies with the payout agreement. If the property owner makes no effort to pay <br />after suit is filed and citation is served, or if the taxpayer defaults on a payout <br />agreement, judgment is sought. The Firm has obtained 40 judgments on 53 parcels, <br />totalling $40,270 in delinquent taxes. The Firm held 4 tax sales in which 32 parcels <br />were posted for sale to recover $35,307 in delinquent taxes. <br />Bankruptcy <br />Accounts on which collection activity is prohibited by automatic stay under the United <br />States Bankruptcy Code. The Firm has filed 20 original proofs of claims for <br />pre-petition taxes, involving 25 accounts for $22,205 in delinquent taxes. The Firm <br />monitors the progress of bankruptcy cases and filed appropriate motions and <br />objections with the Bankruptcy Court to insure that the tax claims and the tax liens <br />are accorded the highest possible priority. The amount of the claims which will <br />ultimately be paid, particularly in Chapter 7 cases, cannot be estimated. <br />Insolvent Personal & Abandoned Real Property <br />Tax accounts on which delinquent notices mailed by the Firm have been returned to <br />us by the U. S. Postal Service as undeliverable or accounts for which the Appraisal <br />District or Tax Office has been unable to determine an address. The Firm is engaged <br />in an extensive address research program. When new addresses are found, notices <br />are promptly sent. However, without an accurate address personal property <br />delinquent taxes are, as a practical matter, uncollectable. Some of the these <br />accounts represent mobile homes which are no longer in the County. In most cases, <br />the Appraisal District has no knowledge of the whereabouts of the owners of these <br />mobile homes. As such collection activity against the owners is effectively precluded, <br />these accounts are uncollectable. There are numerous business personal accounts <br />where the business is no longer operating. When a business ceases operation, often <br />the owner leaves the County and/or State. Even if the owners of the business can <br />be located, they are usually "judgment proof". Many of these businesses were <br />corporations which are either defunct or have no assets. The whereabouts of the <br />owners of a few real property accounts are unknown. These are unimproved lots or <br />vacant acreage tracts making it extremely difficult to locate the owners. In some <br />cases, the record owners are deceased and their heirs are unknown or cannot be <br />located. The owners of these vacant and abandoned properties will be served with <br />citation by publication and the properties sold at tax sales. <br />McCreary, Veselka, Bragg & Allen, P.C. <br />► <br />~ <br />~I <br /> <br />R <br />17 <br />~ <br />~ <br />7 <br />
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