Hi all, I'm new. just found this forum by complete accident while searching about how to write a cease and desist letter to a collection lawyer. I'll deal with that problem later. My biggest problem right now is with TU. They have been reporting a judgment on dh's report as a State Tax Lien for over 7 years and not showing being paid. This judgment is for unpaid(at the time of judgment)New Jersey motor vehicle insurance surcharges not taxes. 4 yrs. ago I wrote a letter to Jersey motor vehicles about it being reported as such and was told that they are not reporting this way I would have to deal strictly w/CRA and these surcharges "can be considered excise taxes." We have a copy of the judgment and it says "deliquent insurance surcharges". No tax lien! We let it drop until Nov. 2001 (we want to get a house) when we decided we wanted this question answered once and for all. If this was categorized as it should be it would be off by now but because it says STATE TAX LIEN it can stay on there for 7 yrs. after it's paid!!! Which means because of someone's screw up it will be on there for a total of 14 years!! We are down to owing less than 10% of total due and want it off. We disputed the categorization over phone and then when we got "updated" report- no change. I wrote letter end of Dec. stating it was them I had dispute with not Jersey Motor Vehicles and they needed to change it and delete it because 7 yrs. passed. We received a form letter that says "we will investigate...will contact the source..." which means WE DIDN'T READ YOUR LETTER...WE DON'T CARE..." What should we do? Sorry it's so long. Thanks for listening Peace in Christ, Leesa Eph 2:8 PS- we didn't get EQ or EXP to see if it's on there but 1996 EXP report did not show it and 2000 EQ did not show it.
Get a copy of the judgement, the whole file, including whatever the total balance due is (or a statement to that effect). If you are able, go to the dmv and get someone, to put this stuff in writing, (what the collection is total amount, there is nothing owed etc>) I would dispute the entry again, in writing , Not on line . I would send it certified mail to the cra. and I would state that " I do not now and never had a tax lein for xxx in NJ. If CRA's are verifying incorrect information, you can get them to delete.. what is your time line to buying your house?
Uniondiva, In my orig. post I stated that I did dispute this not only over phone but by mail. I did send it return receipt certified mail and I sent a copy of the judgment along with it on January 9th,2002. It seems that they totally ignored my letter and replied with their basic form letter. How long should I wait before I send them another letter demanding a reply of the questions I had in the first letter? After I sent 1st letter I did a search online of New Jersey surcharge law and there is no evidence that these surcharges are excise taxes but civil penalties. I also found case law of a guy who was going for ch.13 bankruptcy and Jersey DMV wanted his surcharges considered excise taxes and thus a priority claim because they wanted their money 1st. He sued and won. Judge declared motor vehicle insurance surcharges not priority claim because it didn't fit description of a tax. http://www.abiworld.org/opinions/NJ/DeJesus1299.html Should I send this evidence I have to TU or should I just give it to the FTC and NJ Attn. Gen. to get them on TU's case or give TU more time to handle it? It seems to me that Jersey DMV wants it both ways because when my dh called they tell us one thing and verify another with CRA. It also seems like Jersey DMV doesn't know their own laws. Thanks for any input. Peace in Christ, Leesa Eph2:8
okay, so TU responded and verified incorrect information, even though you submitted proof. Well, do you just want this off, or do you want to sue TU. I would send TU an intent to file complaint letter, specifically, listing how they verified incorrect information and violated the fCRA on several fronts. You could right NJ aG office also, that would work too, especially since you have great proof. I would however, send intent to sue letter. This has got to be knocking your scores badly, and because you provided proof, it makes the act even more egregious.
Uniondiva, My dh and I want this off of his report as the 7yrs. have passed since judgment was filed and is less than 10% of original amount owed. Are there any sample "intent to file" complaint letters on this website I can use? Also, should I do it now or wait until I get another "updated" credit report. I know that timing is everything. Thanks! Peace in Christ, Leesa Eph2:8
