What does the term “In Rem Only” mean regarding an ad valorem tax case?
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What does the term “In Rem Only” mean regarding an ad valorem tax case?
I have recently been sent a document naming me as a defendant in a Texas ad valorem tax case. There are approximately 60 defendants listed with most having “In Rem Only” following their name including myself. The property in question was once owned by a distant uncle of my mother. The man passed away about 25 years ago and my mother received a small monetary inheritance. My mother also passed away in 1992. These papers state that “Plaintiff(s) do not seek any monetary relief or personal judgment against any defendant identified as “In Rem Only”. Am I responsible for any back taxes?
Asked on April 25, 2011 under Bankruptcy Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In rem means that the claim is against the property and not you personally. That is why the statement you quoted, "Plaintiff(s) do not seek any monetary relief or personal judgment against any defendant idenfied as 'In Rem Only'" was included. That statement is a definition of In Rem.
Since the statement says that monetary relief or personal judgment is not being sought, you should not be personally responsible for the back taxes; however, a lien against the property or other form of enforcement if a judgment is obtained against the property would be the remedy the plaintiff is seeking.
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