Did the CR(tm) on property tax from the county the county attorney didn't acknowledge or respond to the questions on the CR(tm) and sent the PMO back to me. For the 2nd CR(tm) letter would it make sense to submit it to the attorney general of the state or would you summit it back to the county? My thinking is go up the chain of command to someone with more knowledge or understading from the same organization.
why would you send a second letter to someone that never received the first?
why should the attorney have accepted your pmo? what response if any are you expecting? what is objective, besides having the matter settled?
Hillbilly, I'm not coming down on you but lets rethink what you are doing. You're not going to solve a problem with the same mentality that got you into the problem in the first place.
Did the county attorney send you the tax bill? I think not. It was probably the county tax collector which, as least in florida is a constitutional office. The county attorney represents the board of county commissioners and has nothing to do with prop tax. The tax collector is the highest authority as far as that billing goes and that office was commissioned by the governor so there is no "up the chain". So why are you sending CR(tm) to the wrong office? I would start over and CR(tm) the office that sent you the tax bill.
The attorneys in the county do not and will not get involved until summoned. Therefore, the County Attorney can only be involved when there is an issue the one receiving payment has to make a determination upon. That is when you do the CR(tm) to the Attorney for these matters.
Let's just examine a bit where one SHOULD be sending the CR(tm) for these matters:
(3) “County property appraiser” means the county officer charged with determining the value of all property within the county, with maintaining certain records connected therewith, and with determining the tax on taxable property after taxes have been levied. He or she shall also be referred to in these statutes as the “property appraiser” or “appraiser.”
(4) “County tax collector” means the county officer charged with the collection of ad valorem taxes levied by the county, the school board, any special taxing districts within the county, and all municipalities within the county.
(5) “Department,” unless otherwise designated, means the Department of Revenue.
(7) “Governing body” means any board, commission, council, or individual acting as the executive head of a unit of local government.
Taxation and Finance: Florida Statute 215.02: Manner of paying money into the Treasury.—Whenever any officer of this state or other person desires to pay any money into the Treasury of the state on account of his or her indebtedness to the state, the person shall first go to the Department of Financial Services, ascertain from the department’s books the amount of his or her indebtedness to the state, and pay over to the Chief Financial Officer the amount ascertained. The Chief Financial Officer shall receive the money, make a proper entry thereof, and give to the party paying over the money a receipt for the amount and enter a credit on the party’s account in his or her books for the amount thus paid by him or her.
From just the definitions, I can deduce that the "County Tax Collector" would receive the payment on the assessment issued by the "County Property Appraiser" based upon the rates determined by the "Governing body" and all of em operate on behalf of "Department" and if one had to escalate, one would go from the County Tax Collector to the Department of Revenue, since that is the ultimate recipient of the tax-payment; One could probably also escelate to the CFO of the State as instructed in Florida Statute 215.02.
Now, when any of these AGENCIES reject, it will come thru the Attorney and THAT is when the Attorney is engaged. Otherwise, there is nothing to go on; no determination by the Attorney, unlike when a court case is initiated, or some random debt collection is attempted.
Now, if there is further issue with non-acceptance by the attorney, complete the CR(tm) "process," then send the Verification of Complaint up to the Supreme Court, just like everything else; I know the statutes (194.171) read "the circuit courts have original jurisdiction at law of all matters relating to property taxation" but the Florida Constitution clearly reads that the Supreme Court is the one who both regulates and disciplines the attorneys and THAT is the one making the determination when the Tender is refused.
Bring the matter into Supreme Court and present the Present and then go from there because the Supreme Court has original jurisdiction and (6) May review a question of law certified by the Supreme Court of the United States or a United States Court of Appeals which is determinative of the cause and for which there is no controlling precedent of the supreme court of Florida, such as Scott v. McNeal, 154 U.S. 34 (1894)
We are called to be architects of the future, not its victims;
Resistance is futile.
If you think you can, you are correct.
If you think you can't, you are correct.
In Florida, I think they're trying to tell you something here:
Florida Constitution Article VII
SECTION 1. Taxation; appropriations; state expenses; state revenue limitation.—
(a) No tax shall be levied except in pursuance of law. No state ad valorem taxes shall be levied upon real estate or tangible personal property.
I'm sorry I made it sound like I sent the CR(tm) to the county attorney it was sent to the county treasurer and I'm sure he was responding on behalf of the county treasurer and he was absolutely right in his response the fact of the matter I submitted to the wrong place. I have a bad habit of of automatically assuming that the other person is wrong in this case the county attorney old habits die hard. jo King your question(who sent the bill?) was the mental jump start that I needed and thanks to all of you for your time and help.
The county must have their own ad valorem tax, perhaps. Would be interesting to see his tax bill if he is in Florida to see what the itemized billing is even though it's a non issue since he's attempting CR(tm)
In Virginia when you pay off a mortgage, what one with knowledge will do is record a certificate of satisfaction and index in name of grantors and grantees of instruments release. Since you are the debtor you must pay this to give clear title to your property. It also says in the circuit court duties list under releases that the clerk may be liable for damages for failure to comply. This can come from court order or the document the bank sends you that shows full satisfaction and accord of the agreement. Now that you have a release of lien on the property, then take it to the county assessor and let them know this is private property and any public use is terminated. This should take care of it and if it does not, then take your paperwork to the county executive aka the sheriff. Let him know you the private owner of the property in question is being held hostage by the county and they must cease and desist as all rightful encumbrances have been settled with the counties certificate of satisfaction. And of course if the public officials do not take appropriate action as their oath provide, then sic em with the CR(tm). The important thing is if you have a mortgage you have a contract which says you will pay taxes. Fulfill your obligations you authorized and then you have every right to peaceful habitation in the land of the free without paying tribute for the privilege.