Preview
Electronically Filed
7/23/2019 11:24 AM
Hidalgo County District Clerks
Reviewed By: Veronica Vazaldua
SUIT NO. T-0408-19-I
LA JOYA INDEPENDENT SCHOOL § IN THE DISTRICT COURT
DISTRICT AND CITY OF PENITAS
VS. g 398TH JUDICIAL DISTRICT
LORENA S. GARZA g HIDALGO COUNTY, TEXAS
ORIGINAL INTERVENTION
TO THE HONORABLE JUDGE OF SAID COURT:
I.
INTERVENOR(S)
This claim for the recovery 0f delinquent ad valorem taxes is filed under TEX. TAX CODE §
33.44 by the following named Interven0r(s), whether one 0r more, each 0f Which is a taxing unit and is
legally constituted and authorized t0 impose and collect taxes on property:
HIDALGO COUNTY, SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT AND SOUTH
TEXAS COLLEGE
The Intervenor(s) intends discovery to be conducted under Level 2 0f Rule 190, Texas Rules 0f
Civil Procedure.
DEFENDANTg S Q
The following are named as Defendant(s) by the Plaintiff taxing unit who originated this suit,
and all parties to this suit are charged with notice of this claim, Without further citation or other notice,
as provided by TEX. R. CIV. P. 117a(4) and by TEX. TAX CODE § 33.45:
Lorena S. Garza, 5940 North Cynthia, McAllen, TX 78504
if living, and if any or all 0f the above named Defendant(s) be deceased, the unknown heirs of each 0r
all of the said above named deceased persons; and the unknown owner or owners of the following
described property; and the executors, administrators, guardians, legal representatives, devisees of the
above named persons; and any and all other persons, including adverse claimants, owning or having
any legal 0r equitable interest in or lien upon the below described property located in the county in
Which this suit is brought.
II.
Claims for all taxes becoming delinquent 0n said property at any time subsequent t0 the filing
0f this suit, day 0f judgment, including all penalties, interest, attorney’s fees, and costs 0n
up to the
same, are incorporated in this suit, and Intervenor(s) is entitled to recover the same, upon proper proof,
without further citation 01‘ notice. Intervenor(s) is further entitled t0 recover each penalty that is
incurred and all interest that accrues on all delinquent taxes imposed on the property from the date of
judgment t0 the date 0f sale.
Suit No T—0408-19—I Page 1 Suit Key N0. 24781 19
Electronically Filed
7/23/2019 11:24 AM
Hidalgo County District Clerks
Reviewed By: Veronica Vazaldua
III.
As t0 each separately described property shown below, there are delinquent taxes, penalties,
interest, attorney’s fees (if any) and costs justly due, owing and unpaid t0 Intervenor(s) for the tax
years and in the amounts as follows, if paid in July, 2019:
ACCT. NO. N6720-02-000-0072-00; Lot 72, North Ridge Acres II Subdivision, an addition t0 the
City 0f Penitas, Hidalgo County, Texas, according t0 the map 0r plat thereof recorded in the
Office 0f the County Clerk of Hidalgo County, Texas, and carried on the tax rolls as: North
Ridge Acres Ph 2 Lot 72.
HIDALGO COUNTY
Tax Year(s) Tax Amount Penalties and Interest Total Due
2017 $1,081.52 $535.36 $1,616.88
2018 $1,495.97 $534.06 $2,030.03
TOTALS: $2,577.49 $1,069.42 $3,646.91
SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT
Tax Year(s) Tax Amount Penalties and Interest Total Due
2017 $91.74 $45.41 $137.15
2018 $126.90 $45.30 $172.20
TOTALS: $218.64 $90.71 $309.35
SOUTH TEXAS COLLEGE
Tax Year(s) Tax Amount Penalties and Interest Total Due
2017 $344.97 $170.76 $515.73
2018 $459.11 $163.90 $623.01
TOTALS: $804.08 $334.66 $1,138.74
TOTAL DUE: $5,095.00
The total aggregate amount 0f taxes, penalties, interest, and attorney’s fees (if any) for which
Intervenor(s) sues is $5,095.00 subject to additional taxes, penalties, interest, and attorney’s fees that
accrue subsequent t0 the filing 0f this claim.
IV.
A11 of the taxes were authorized by law and legally imposed in the county in Which this suit is
brought. The taxes were imposed in the amount(s) stated above on each separately described property
for each year specified and 0n each person named, if known, Who owned the property on January 1 of
the year for Which the tax was imposed. Intervenor(s) now has and asserts a lien 0n each tract of real
property and each item of personal property described herein to secure the payment of all taxes,
penalties, interest and costs due. Pursuant t0 Rule 54 0f the Texas Rules of Civil Procedure,
Suit No T—0408-19—I Page 2 Suit Key N0. 24781 19
Electronically Filed
7/23/2019 11:24 AM
Hidalgo County District Clerks
Reviewed By: Veronica Vazaldua
Intervenor(s) affirmatively avers that all things required by law t0 be done have been done properly by
the appropriate officials and all conditions precedent have been met.
V.
A11 0f the property described above was, at the time the taxes were assessed, located Within the
territorial boundaries of each taxing unit in Whose behalf this claim is filed. A11 Defendants named in
this suit either owned the property that is the subject of this suit on January 1 0f the year in which taxes
were imposed on said property, 0r owned 0r claimed an interest in or lien upon said property at the
time of the filing of this claim. The value of any personal property that may be described above, and
against Which the tax lien is sought t0 be enforced, is in excess 0f FIVE HUNDRED AND NO/IOO
DOLLARS ($500.00).
VI.
The Law Firm represented by the attorney whose name is signed hereto is legally authorized
and empowered to institute and prosecute this action 0n behalf 0f Intervenor(s). Intervenor(s) should
recover attorney's fees as provided by law for the prosecution 0f this case, and such attorney's fees
should be taxed as costs.
VII.
Intervenor(s) may have incurred certain expenses in the form 0f abstractor’s costs in procuring
data and information as t0 the name, identity and location 0f necessary parties, and in procuring
necessary legal descriptions of the property that is the subject 0f this suit. Said expenses, if incurred,
are reasonableand are in the following amount: TO BE DETERMINED. The abstractor's costs, if
any be shown, should be taxed as costs herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, upon final hearing in this
Intervenor(s) prays,
cause, for foreclosure of its liens against the above-described property securing the total amount of all
delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent
during the pendency of this suit, and expenses 0f
costs of court, attorney's fees, abstract fees,
foreclosure sale. judgment against Defendant(s) Who owned
Interven0r(s) further prays for personal
the property 0n January 1 of the year for which the taxes were imposed for all taxes, penalties, interest,
and costs that are due or Will become due on the property, together with attorney's fees and abstractor's
fees. Intervenor(s) further prays for: (1) the appropriate order 0f sale requiring the foreclosed property
to be sold, free and clear of any right, title 0r interest owned or held by any of the named Defendants,
at public auction in the manner prescribed by law, and (2) writs 0f execution, directing the sheriffs and
Suit No T—0408-19—I Page 3 Suit Key N0. 24781 19
Electronically Filed
7/23/2019 11:24 AM
Hidalgo County District Clerks
Reviewed By: Veronica Vazaldua
constables for the State 0f Texas, t0 search out, seize, and sell sufficient property 0f the Defendant(s)
against Whom personal judgment may
be awarded t0 satisfy the lawful judgment sought herein.
Finally, Intervenor(s) prays for such other and further relief, at law 0r in equity, t0 Which it may show
itselfjustly entitled.
Respectfully submitted,
LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
1512 S. Lone Star Way
Edinburg, TX 78539
(956) 383-4500
(956) 383-7820 - FAX
Lucy G. Canales
State Bar N0. 08123075
Michael G. Cano
State Bar N0. 24047724
Kelly Rivera Salazar
State Bar N0. 24041785
Jaime Gonzalez
State Bar N0. 24036654
Edinburg.Litigation@lgbs.com
Attorneys for Intervenors
Suit No T—0408-19—I Page 4 Suit Key N0. 24781 19
Electronically Filed
7/23/201 9 11:24 AM
Hidalgo County District Clerks
Reviewed By: Veronica Vazaldua
CERTIFICATE 0F SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been delivered in
the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all patties or their attorneys in this
cause, 0n the 23rd day 0f July, 2019, addressed as follows:
Lorena S. Garza
5940 North Cynthia
McAllen, TX 78504
Mr. Hiram A. Gutierrez / Ms. Thelma Banduch
PERDUE, BRANDON, FIELDER
COLLINS & MOTT, L.L.P.
2805 Fountain Plaza Blvd, Suite B
Edinburg, TX 78539
Email: Hidalgolegal@pbfcm.com
Lucy G. Canales
Michael G. Cano
Kelly Rivera Salazar
Jaime Gonzalez
Attorneys at Law
Suit No T—0408—19—I Page 5 Suit Key No. 24781 19
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Electronically Filed 7/23/2019 11:24 AM Hidalgo County District Clerks Reviewed By: Veronica Vazaldua SUIT NO. T-0408-19-I LA JOYA INDEPENDENT SCHOOL § IN THE DISTRICT COURT DISTRICT AND CITY OF PENITAS VS. g 398TH JUDICIAL DISTRICT LORENA S. GARZA g HIDALGO COUNTY, TEXAS ORIGINAL INTERVENTION TO THE HONORABLE JUDGE OF SAID COURT: I. INTERVENOR(S) This claim for the recovery 0f delinquent ad valorem taxes is filed under TEX. TAX CODE § 33.44 by the following named Interven0r(s), whether one 0r more, each 0f Which is a taxing unit and is legally constituted and authorized t0 impose and collect taxes on property: HIDALGO COUNTY, SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT AND SOUTH TEXAS COLLEGE The Intervenor(s) intends discovery to be conducted under Level 2 0f Rule 190, Texas Rules 0f Civil Procedure. DEFENDANTg S Q The following are named as Defendant(s) by the Plaintiff taxing unit who originated this suit, and all parties to this suit are charged with notice of this claim, Without further citation or other notice, as provided by TEX. R. CIV. P. 117a(4) and by TEX. TAX CODE § 33.45: Lorena S. Garza, 5940 North Cynthia, McAllen, TX 78504 if living, and if any or all 0f the above named Defendant(s) be deceased, the unknown heirs of each 0r all of the said above named deceased persons; and the unknown owner or owners of the following described property; and the executors, administrators, guardians, legal representatives, devisees of the above named persons; and any and all other persons, including adverse claimants, owning or having any legal 0r equitable interest in or lien upon the below described property located in the county in Which this suit is brought. II. Claims for all taxes becoming delinquent 0n said property at any time subsequent t0 the filing 0f this suit, day 0f judgment, including all penalties, interest, attorney’s fees, and costs 0n up to the same, are incorporated in this suit, and Intervenor(s) is entitled to recover the same, upon proper proof, without further citation 01‘ notice. Intervenor(s) is further entitled t0 recover each penalty that is incurred and all interest that accrues on all delinquent taxes imposed on the property from the date of judgment t0 the date 0f sale. Suit No T—0408-19—I Page 1 Suit Key N0. 24781 19 Electronically Filed 7/23/2019 11:24 AM Hidalgo County District Clerks Reviewed By: Veronica Vazaldua III. As t0 each separately described property shown below, there are delinquent taxes, penalties, interest, attorney’s fees (if any) and costs justly due, owing and unpaid t0 Intervenor(s) for the tax years and in the amounts as follows, if paid in July, 2019: ACCT. NO. N6720-02-000-0072-00; Lot 72, North Ridge Acres II Subdivision, an addition t0 the City 0f Penitas, Hidalgo County, Texas, according t0 the map 0r plat thereof recorded in the Office 0f the County Clerk of Hidalgo County, Texas, and carried on the tax rolls as: North Ridge Acres Ph 2 Lot 72. HIDALGO COUNTY Tax Year(s) Tax Amount Penalties and Interest Total Due 2017 $1,081.52 $535.36 $1,616.88 2018 $1,495.97 $534.06 $2,030.03 TOTALS: $2,577.49 $1,069.42 $3,646.91 SOUTH TEXAS INDEPENDENT SCHOOL DISTRICT Tax Year(s) Tax Amount Penalties and Interest Total Due 2017 $91.74 $45.41 $137.15 2018 $126.90 $45.30 $172.20 TOTALS: $218.64 $90.71 $309.35 SOUTH TEXAS COLLEGE Tax Year(s) Tax Amount Penalties and Interest Total Due 2017 $344.97 $170.76 $515.73 2018 $459.11 $163.90 $623.01 TOTALS: $804.08 $334.66 $1,138.74 TOTAL DUE: $5,095.00 The total aggregate amount 0f taxes, penalties, interest, and attorney’s fees (if any) for which Intervenor(s) sues is $5,095.00 subject to additional taxes, penalties, interest, and attorney’s fees that accrue subsequent t0 the filing 0f this claim. IV. A11 of the taxes were authorized by law and legally imposed in the county in Which this suit is brought. The taxes were imposed in the amount(s) stated above on each separately described property for each year specified and 0n each person named, if known, Who owned the property on January 1 of the year for Which the tax was imposed. Intervenor(s) now has and asserts a lien 0n each tract of real property and each item of personal property described herein to secure the payment of all taxes, penalties, interest and costs due. Pursuant t0 Rule 54 0f the Texas Rules of Civil Procedure, Suit No T—0408-19—I Page 2 Suit Key N0. 24781 19 Electronically Filed 7/23/2019 11:24 AM Hidalgo County District Clerks Reviewed By: Veronica Vazaldua Intervenor(s) affirmatively avers that all things required by law t0 be done have been done properly by the appropriate officials and all conditions precedent have been met. V. A11 0f the property described above was, at the time the taxes were assessed, located Within the territorial boundaries of each taxing unit in Whose behalf this claim is filed. A11 Defendants named in this suit either owned the property that is the subject of this suit on January 1 0f the year in which taxes were imposed on said property, 0r owned 0r claimed an interest in or lien upon said property at the time of the filing of this claim. The value of any personal property that may be described above, and against Which the tax lien is sought t0 be enforced, is in excess 0f FIVE HUNDRED AND NO/IOO DOLLARS ($500.00). VI. The Law Firm represented by the attorney whose name is signed hereto is legally authorized and empowered to institute and prosecute this action 0n behalf 0f Intervenor(s). Intervenor(s) should recover attorney's fees as provided by law for the prosecution 0f this case, and such attorney's fees should be taxed as costs. VII. Intervenor(s) may have incurred certain expenses in the form 0f abstractor’s costs in procuring data and information as t0 the name, identity and location 0f necessary parties, and in procuring necessary legal descriptions of the property that is the subject 0f this suit. Said expenses, if incurred, are reasonableand are in the following amount: TO BE DETERMINED. The abstractor's costs, if any be shown, should be taxed as costs herein. PRAYER WHEREFORE, PREMISES CONSIDERED, upon final hearing in this Intervenor(s) prays, cause, for foreclosure of its liens against the above-described property securing the total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest becoming delinquent during the pendency of this suit, and expenses 0f costs of court, attorney's fees, abstract fees, foreclosure sale. judgment against Defendant(s) Who owned Interven0r(s) further prays for personal the property 0n January 1 of the year for which the taxes were imposed for all taxes, penalties, interest, and costs that are due or Will become due on the property, together with attorney's fees and abstractor's fees. Intervenor(s) further prays for: (1) the appropriate order 0f sale requiring the foreclosed property to be sold, free and clear of any right, title 0r interest owned or held by any of the named Defendants, at public auction in the manner prescribed by law, and (2) writs 0f execution, directing the sheriffs and Suit No T—0408-19—I Page 3 Suit Key N0. 24781 19 Electronically Filed 7/23/2019 11:24 AM Hidalgo County District Clerks Reviewed By: Veronica Vazaldua constables for the State 0f Texas, t0 search out, seize, and sell sufficient property 0f the Defendant(s) against Whom personal judgment may be awarded t0 satisfy the lawful judgment sought herein. Finally, Intervenor(s) prays for such other and further relief, at law 0r in equity, t0 Which it may show itselfjustly entitled. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP 1512 S. Lone Star Way Edinburg, TX 78539 (956) 383-4500 (956) 383-7820 - FAX Lucy G. Canales State Bar N0. 08123075 Michael G. Cano State Bar N0. 24047724 Kelly Rivera Salazar State Bar N0. 24041785 Jaime Gonzalez State Bar N0. 24036654 Edinburg.Litigation@lgbs.com Attorneys for Intervenors Suit No T—0408-19—I Page 4 Suit Key N0. 24781 19 Electronically Filed 7/23/201 9 11:24 AM Hidalgo County District Clerks Reviewed By: Veronica Vazaldua CERTIFICATE 0F SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been delivered in the manner required by Rules 21 and 21a, Tex. R. Civ. Proc., to all patties or their attorneys in this cause, 0n the 23rd day 0f July, 2019, addressed as follows: Lorena S. Garza 5940 North Cynthia McAllen, TX 78504 Mr. Hiram A. Gutierrez / Ms. Thelma Banduch PERDUE, BRANDON, FIELDER COLLINS & MOTT, L.L.P. 2805 Fountain Plaza Blvd, Suite B Edinburg, TX 78539 Email: Hidalgolegal@pbfcm.com Lucy G. Canales Michael G. Cano Kelly Rivera Salazar Jaime Gonzalez Attorneys at Law Suit No T—0408—19—I Page 5 Suit Key No. 24781 19