Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
An “Original Petition” is the document that begins a lawsuit. It’s the formal filing the plaintiff submits to the court to start a case, and in a property tax matter, it’s what the taxing entities file to open a suit to collect delinquent taxes.
The petition lays out the basics of the case: who is suing, who is being sued, the property involved, the taxes claimed to be owed, and what the plaintiff is asking the court to do. In a tax suit, the taxing units are the plaintiffs and the property owners are the defendants. For inherited property, the heirs the county can identify are named as defendants, which is why people often find their name, sometimes alongside relatives, on one of these documents.
The Original Petition usually arrives together with a citation, which is the official notice telling you that you’ve been sued and that there’s a limited time to respond. The petition explains what the case is about; the citation tells you that you’re formally part of it and that the clock is running. The two go hand in hand when you’re served.
For heirs, seeing your name on an Original Petition can be alarming, but it’s important to understand what it signifies. It means a civil case has been started over the property’s taxes and that you’ve been named as an owner, not that any outcome is decided or that you’re accused of a crime. It’s the opening move in a process that still has room for response, whether that’s addressing the taxes, answering through an attorney, or selling a share to step out of the case.
A couple of quick questions:
Is the Original Petition the same as the citation? No. The petition is the document that starts the lawsuit and explains the claims. The citation is the official notice that you’ve been sued and must respond within a set time. They’re usually served together.
Why is my name on it alongside relatives? Because the county named the identifiable heirs of the property as defendants. You’re listed as a co-owner of the inherited property, which is also why you can resolve your own share independently.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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