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Notice of trial setting
- Thread Starter acz3
- Start date
flyingron
Well-Known Member
Eh? Setting of trial is issued by the court and not under rule 21. Are you talking about notice of hearing? (21(b))? You should have already filed an application for that with the court in addition to sending the notice to the other parties.
army judge
Super Moderator
Just because one can doesn't mean one should.
If not mistaken, the setting of trial is made on motion by the court, or by either party (see Rule 245) but your question regarding the notice of hearing is more to the what I am asking. Maybe a little background will help.
I filed an affidavit to abate a tax suit for the collection of delinquent taxes on multiple properties that I owned and occupied as my residence homestead. [See Tex. Tax § 33.06] While an affidavit must state the facts required to be established by § 33.06(a) of the tax code, the facts, when presumed true, meet the substantive requirements to qualify for deferment of the taxes.
I stated in the affidavit I filed in the court that the suit was pending that (1) I was disabled as defined by Subsection 11.13(m) of the tax code and (2) that the taxes were imposed upon the contiguous lots I owned and occupied as my residence homestead.
The statute reads in part, "If no controverting affidavit is filed by the taxing unit filing suit or if, after a hearing, the court finds the individual is entitled to the deferral, the court shall abate the suit until the 181st day after the date the collector for the taxing unit delivers a notice of delinquency of the taxes following the date the individual no longer owns and occupies the property as a residence homestead." Tex.Tax§ 33.06(c)
The taxing unit did not file a controverting affidavit. However, the taxing units obtained a post answer default judgment in their favor when I did not appear to the trial setting. I never received notice in the mail only learned of the the trial setting during a periodic search of the case filings, where I discovered the notice of trial setting letter around 40 days after it was filed.
Since the trial date was 48 days after the date of the letter, and the stamped postal receipt shows it was stamped on the date of the letter, along with the tracking history showing that a notice of attempted delivery had been given by the postal worker, I can ever see where it gives the appearance that if an individual was diligent that they should have known of the trial setting.
However, the notice of trial setting wasn't filed until 10 days after the judgement was signed. Which brings me back to my question regarding the requirement of when the notice of trial setting is required to filed.
I filed an affidavit to abate a tax suit for the collection of delinquent taxes on multiple properties that I owned and occupied as my residence homestead. [See Tex. Tax § 33.06] While an affidavit must state the facts required to be established by § 33.06(a) of the tax code, the facts, when presumed true, meet the substantive requirements to qualify for deferment of the taxes.
I stated in the affidavit I filed in the court that the suit was pending that (1) I was disabled as defined by Subsection 11.13(m) of the tax code and (2) that the taxes were imposed upon the contiguous lots I owned and occupied as my residence homestead.
The statute reads in part, "If no controverting affidavit is filed by the taxing unit filing suit or if, after a hearing, the court finds the individual is entitled to the deferral, the court shall abate the suit until the 181st day after the date the collector for the taxing unit delivers a notice of delinquency of the taxes following the date the individual no longer owns and occupies the property as a residence homestead." Tex.Tax§ 33.06(c)
The taxing unit did not file a controverting affidavit. However, the taxing units obtained a post answer default judgment in their favor when I did not appear to the trial setting. I never received notice in the mail only learned of the the trial setting during a periodic search of the case filings, where I discovered the notice of trial setting letter around 40 days after it was filed.
Since the trial date was 48 days after the date of the letter, and the stamped postal receipt shows it was stamped on the date of the letter, along with the tracking history showing that a notice of attempted delivery had been given by the postal worker, I can ever see where it gives the appearance that if an individual was diligent that they should have known of the trial setting.
However, the notice of trial setting wasn't filed until 10 days after the judgement was signed. Which brings me back to my question regarding the requirement of when the notice of trial setting is required to filed.
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