Tax Liens and CHOD - Input Please?

Discussion in 'Credit Talk' started by DemPooches, Oct 16, 2002.

  1. DemPooches

    DemPooches Well-Known Member

    I've discussed a bit of this in others' threads, but don't want to hijack someone else's thread entirely.

    As I've mentioned before ad nauseum, we have 2 state tax liens we are planning to dispute during CHOD. They are only on one report now, having been deleted already by the other CRAs.

    We have already tried "not mine", "no lien filed this date", "no lien filed for this amount", etc. We also tried "released, obsolete, please delete" like we were successful with on another report and the liens were only updated to "released" as a result.

    It seems the one issue we have remaining is the issue of the date paid and this is a biggie. I am aware that paid liens are supposed to be deleted 7 years from the date PAID. I am further aware that neither the CRA nor the courthouse has the records of when the lien was paid and thus are incapable of complying with the law in this regard.

    I'm hoping to take advantage of this during CHOD to get my final deletions.

    And BTW, the CRA has a copy of my release document since I faxed it to them before discovering creditnet. BUT, even this release document does not show the REQUIRED date paid, it only shows the date filed and the date released.

    Now here's where I need input.

    Should this be a dispute which quotes the FCRA and the requirement to delete based on the date paid, as well as the requirement to maintain completely accurate records? Or should it be a simple "date paid is incorrect, record is obsolete, please delete?"

    The other issue is the fact that they were filed in 99, released in 00, so they are not going to drop off till 07 as things currently stand.

    I, of course, can prove the date they were paid. But I want THE CRA to prove it if they are going to continue to report.

    Any thoughts, techniques input will be appreciated. I know CHOD isn't a panacea, but I sure would like to use it to its best advantage.

    DemPooches
     
  2. denddon

    denddon Member

    Dem, I'm not sure how they are listed on your report but my Ex. report has them listed as DATE RESOLVED. Which by the way is incorrect. I have also tried to get them removed, no luck yet. My last hope rests with chod. Wish you luck!! Den
     
  3. lyttlemac

    lyttlemac Well-Known Member

    I don't think CHOD is your last hope. The CRA's are violating the law. It's not just that the entry isn't 100% correct, as in a tradeline that we may be disputing on a technicality in hopes that it slips through.

    I think it's more than that, and they've been getting away with illegally reporting tax liens when they know the lien, a public record item (which they have actively solicited and paid for by the way, as opposed to creditors paying the CRA to report a "30-day late", or "paid as agreed", or whatever). The law specifically addresses the length of time a tax lien can remain on your credit report. The CRA's have chosen to ignore the law, and write their own rules. Instead of using the date paid, which they know they can't do because they don't even know the date paid, they have decided to use the "release" date, which is a meaningless date rooted in absolutely nothing, other than when the taxpayer calls the IRS, the IRS may some day get around to filing a release of lien. (If it's not an IRS lien you're dealing with, substitute in any taxing authority).

    So go sue 'em.
     

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