Guidance - removing paid NYS tax judgment

[*jam]

It is my extreme pleasure to have met you CBdians! What a wealth of information I have been privy to. I have been reviewing the board for quite some time now, (often as if cramming for an exam) and am happy to say that I am now officially a member. I truly don’t know how I stumbled upon you, but I was devouring the internet in an effort to get back on track and somewhere there was a mention so I started to read, and read, and read!

 

Death, BK7-2011, and some other stuff have been thrown my way, but I am climbing back up slowly and with the knowledge gained here, I am confident. Encouraged and given examples, I mustered the courage to apply for, AND RECEIVED, Priceline, Kohl’s, Barclays, Cap1 and Walmart. Two Credit Unions denied, but I’m ok with that and will retry at the end of year. I think I’m drifting at about 675. I had already gotten a secured Cap 1 shortly after BK, but was fearful to use it. With a new vision of credit, each will be used to pay a monthly household bill, PIF each month.

 

I ordered my reports, but began my initial triage from my printouts as I wait. I was totally blindsided to see a (satisfied) Judgment from NYS taxes and immediately sent a request for a Cert. record. If all is identical to what my reports show, can I still send letter/call to credit bureaus re: ssn attachment? I’m thinking that since it’s taxes – they are pretty much ssn-driven, so won’t that be easy for them to connect? Has a goodwill letter pleading directly to the NYS Finance Tax Dept ever been tried/worked?? I thought I read somewhere that the IRS created some sort of lien leniency? Any relevance to my issue?

 

In spite of my current situation, I feel rich and empowered having met all of you and just want to say THANK YOU, THANK YOU, THANK YOU CREDIT BOARDS. (By the way, does anyone else find this board addicting?)

[*jam]

"bump"

[SomeGuyInCA]

Tax liens are very painful and very damaging, and in my opinion state governments utilize the power to place liens far too wildly and with far too little restraint. In some instances, states will file liens for amounts under $1000, which is a devastating thing to do to a person's credit. Such actions harm the taxpayer, their dependents, and ultimately the state because damaged credit leads to lower income, lower taxation, and ultimately to a reduced economic benefit from the taxpayer's participation in the state economy. Liens are blunt instruments that kill the patient during the attempt to cure them of their tax delinquency.

 

The biggest issue with tax liens is that they stay on your reports 7 years from the date they are paid (potentially 5 in New York), and most states have no mechanism for the withdrawal of liens that are reporting. In some states, this is even true when the lien was filed in error; they just have no mechanism for withdrawing them. In these cases, liens are simply released, which does nothing to improve a person's credit scores.

 

NYS is not different; unfortunately New York state does not have provisions which would allow paid liens to be withdrawn. That means that the best you can do is ensure that the lien(s) are reporting as paid and that the payment date is correct, so that they will age off your reports faster.

 

FYI, there is a bill in the NY senate (S7134-2011) which would amend NYS tax code to allow withdrawals. I encourage you to contact you state senator to let them know you support that bill and would like to see it become law.

[*jam]

*Bump* -

 

Thanks.

 

I found the bill. I'm thinking that I will shoot for a goodwill letter, mentioning the bill, weaving in the possibility of them withdrawing the lien in goodwill due to the harm it is causing - housing, banking, etc. I don't expect anything, but what have I got to loose?

[Ummmmm ...]

*Bump* -

 

Thanks.

 

I found the bill. I'm thinking that I will shoot for a goodwill letter, mentioning the bill, weaving in the possibility of them withdrawing the lien in goodwill due to the harm it is causing - housing, banking, etc. I don't expect anything, but what have I got to loose?

 

Any success *jam?

[ultra2207]

I have a paid $96 indiana state tax lien from '09 on TU. It was paid within days of them notifying me that I owed $96 for taxes. I'll work on it later, working on other stuff now.

 

 

sent via tapatalk

[Why Chat]

NY is the ONLY State that deletes Paid Tax Liens 5 years after the payment date

 

http://www.whychat.5u.com/States/state-ny.html

 

However, if you have moved to another State, you might be able to dispute it off IF you follow some guidelines.

 

http://www.whychat.5u.com/GUIDEBOOK.html

 

You can use the same format as for deleting judgments

http://www.whychat.5u.com/deletejudg.html

[classicsal]

Just found out wife got an 1100.00 NY state tax lien because her parents used her name....SO Pissed! Wondering if I should file identity theft of pay it and suffer for 5 years.

[Bannister]

Why Chat,

 

You stated above that NYS is the only state that allows paid tax liens to fall off after 5 years from payment. But when I follow the link under your statement, it looks like the rule in NY is 7 years from payment for tax liens and 5 years for paid chargeoffs, collections, and other judgments.

 

Can you help me figure out which is right? Is it truly 5 years for paid tax liens in NY or 7 years for paid tax liens? Thank you!

 

(Sorry for bumping such an old thread, but I've been using the search button to try to find my answers!)

[BlahinBKLYN]

BUMP

[Ummmmm ...]

^^^

[Ummmmm ...]

Why Chat,

 

You stated above that NYS is the only state that allows paid tax liens to fall off after 5 years from payment. But when I follow the link under your statement, it looks like the rule in NY is 7 years from payment for tax liens and 5 years for paid chargeoffs, collections, and other judgments.

 

Can you help me figure out which is right? Is it truly 5 years for paid tax liens in NY or 7 years for paid tax liens? Thank you!

 

(Sorry for bumping such an old thread, but I've been using the search button to try to find my answers!)

 

Hi Why Chat,

Might you be able to provide insight on whether we are reading 380-j correctly?

(iii) paid tax liens which, from date of payment, antedate the report by more than seven years or, a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for sales taxes due from a seller, transferrer or assignor under subdivision © of section eleven hundred forty-one of the tax law, where the receipt by a credit reporting agency from such purchaser, transferee or assignee of a notice, or true copy thereof, from the state tax commission to such purchaser, transferee or assignee that his liability has been wholly paid or satisfied or no longer exists, antedates the report by more than thirty days; - See more at: http://codes.lp.findlaw.com/nycode/GBS/25/380-j#sthash.AxuuG2CS.dpuf

 

 

 

 

[GonnaGetEm]

I was totally blindsided to see a (satisfied) Judgment from NYS taxes and immediately sent a request for a Cert. record.

 

 

Paid judgements are removed after only five years in NY state. When was this judgement from? If 2010 or prior this is your easiest route to deletion.

[Why Chat]

paid tax liens are on your reports for 7 years from the date of payment

 

http://www.whychat.5u.com/States/state-ny.html

 

NEW YORK STATE CREDIT REPORTING 5 YEAR DELETION RULE § 380-j. Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (f) (1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information. (i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years; (ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period; or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date; (iii) paid tax liens which, from date of payment, antedate the report by more than seven years or, a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for sales taxes due from a seller, transferrer or assignor under subdivision © of section eleven hundred forty-one of the tax law, where the receipt by a credit reporting agency from such purchaser, transferee or assignee of a notice, or true copy thereof, from the state tax commission to such purchaser, transferee or assignee that his liability has been wholly paid or satisfied or no longer exists, antedates the report by more than thirty days; (iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years; or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years;

[GonnaGetEm]

Crud, thank you WhyChat, I apologize for posting wrong information above. I will check my sources for verification before posting from now on since my memory is clearly rusty and things do change from time to time as well.

 

Sorry again, OP, and good luck.

[Bannister]

That said only TU lists my tax lien as a tax lien. The other two bureaus are showing it as a satisfied judgment so I'm hoping those will fall off in 5 years.

[Ummmmm ...]

That said only TU lists my tax lien as a tax lien. The other two bureaus are showing it as a satisfied judgment so I'm hoping those will fall off in 5 years.

 

Bannister,

 

Exactly.

 

I no longer have the entries on any report other than TU, which lists it as a tax lien.

 

When it WAS showing on Experian, it displayed as a satisfied judgment for me as well.

Edited February 5, 2015 by Ummmmm ...

[Ummmmm ...]

Just infusing some new thinking here:

 

If by definition a 'lien' is "a right to keep possession of property belonging to another person until a debt owed by that person is discharged" (thanks Google),

 

and I have had no 'lien' placed on my property in regards to these judgments,

 

and these paid judgments are over five years old,

 

what would be the most effective route to get to someone's eyes and brain at Transunion on this argument?

 

Is it airtight or no?

 

Attorney letterhead?

 

Just thinking out loud.