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Reza Vafaiyan v. Wichita County
Citation: Not availableDocket: 02-08-00465-CV
Court: Court of Appeals of Texas; August 6, 2009; Texas; State Appellate Court
Original Court Document: View Document
Reza Vafaiyan, representing himself, appeals a trial court judgment favoring Wichita County for delinquent property taxes and foreclosure of tax liens against four properties. Vafaiyan argues two main points: first, that he was not properly notified of the trial; and second, that Wichita County conspired with the State of Texas to discriminate against him regarding his property interests. Wichita County, along with other taxing districts, initiated a lawsuit against Pertex Enterprises, Inc., of which Vafaiyan is the sole shareholder, for delinquent taxes from 2004 to 2007. Vafaiyan filed a general denial for Pertex but was absent from the bench trial, which resulted in a judgment awarding $5,189.22 to Wichita County and personal liability against the defendants. Vafaiyan later attempted to set aside this default judgment, claiming that taxes on two properties had been paid in full, a claim the court disputed. In addressing Vafaiyan's first argument regarding lack of notification for the trial, the court noted that he acknowledged receiving notice in his motion to set aside the judgment. Furthermore, he did not provide evidence of a request for a bench warrant, leading to the conclusion that the trial court did not err in this respect. For the second argument regarding conspiracy and discrimination, the court found no evidence supporting Vafaiyan's claims. It clarified that the tax code allows for the collection of delinquent taxes anytime after they become delinquent and confirmed that the suit was not time-barred as it was filed within the permissible period. The court ultimately overruled both of Vafaiyan's issues and affirmed the trial court's judgment.