Question about tax lien disputes

Discussion in 'Credit Talk' started by DaveLV, Jul 8, 2001.

  1. DaveLV

    DaveLV Well-Known Member

    I have had two tax liens. One was released in 1995 and the other one is still active. TU and Experian are both reporting both liens, but for some reason Equifax only shows the one that's been released.

    Lexington hasn't disputed any of my tax liens yet but I was wondering -- if they dispute the released lien on my Equifax report is there even the slightest chance that this would cause them to pick up the current lien? If so, I'd like to instruct Lexington not to dispute the released lien with Equifax.

    The released lien was filed in San Diego County, California and the current lien was filed in Orange County, California. Would this make a difference?
  2. breeze

    breeze Well-Known Member

    I don't know. Need inside information. I believe they only check the public records in that one municipality, but they could conceivably check public records for all your previous addresses.

  3. IVAN

    IVAN Well-Known Member

    They will only check the one lien. Call me "Mr. Lien". I have been disputing open and released liens for over 2 years now. I started out with about 23 on Experian and TU and now only a few remain. Don't worry about disputing one, they won't catch the other.

    Does anyone know how much a released lien affects your credit score? I heard somewhere that as long as it is a paid lien it doesn't do much damage. Any thoughts?

  4. DaveLV

    DaveLV Well-Known Member

    Ivan, thanks for the input. The question that comes to mind first for me is exactly how do tax liens get added to your report anyway? I'm dealing with the California Franchise Tax Board. When they obtain a lien do they specifically take action to add it to your credit reports?
  5. IVAN

    IVAN Well-Known Member

    Hey Dave, ah the Cal Franchise Tax Board, I know them well, LOL. Basically, once the Lien is filed by the state I believe it is registered by the county clerks office. The good thing is I have never seen a lien updated by the state or IRS. Their main concern is that the lien is filed and they eventually get their dough.

  6. breeze

    breeze Well-Known Member

    In my case, the lien got on my CR because an insurance company did a background investigation on me for appointment with them. Experian has never reported it, TU reports it accurately, EFX is reporting it twice (and won't change).

  7. aigle

    aigle Well-Known Member

    In some states, like Vermont, there is a statute of limitations on tax liens. It seems to me it'd be easier to get it deleted if it is 'stale,' and not necessarily discharged.
  8. dave

    dave Well-Known Member

    I have released liens on my credit reports. They stay for 7 years after they are paid or if unpaid, 15 years. As they get older, they do not hurt your credit score as much as more recent ones. I have received low rate cards with high limits despite the liens. If they are unpaid, it could be a different story but even the unpaid ones don't hurt you that much credit-score wise if they are old.

    In California, tax liens are enforceable for 10 years. Unless they are renewed within that period, they expire and cannot be revived later. Still, they may be reported for a longer time.
  9. rogerjones

    rogerjones Active Member

    Re: IVAN - about tax lien disputes?


    Are there any tips you could give regarding Paid and Unpaid FTB & IRS tax liens. What methods are most effective in getting these items removed from the credit reports.

  10. VJ

    VJ Well-Known Member

    Re: IVAN - about tax lien disputes?

    Dave ,
    Are you sure about tax liens in California being able to be reported up to ten years on a cra report? I was under the impression that tax liens in Ca. were treated different from other states.

    I could be wrong but I thought Tax liens in Ca. were reported for 7 years from FILED date(not paid date) and should be removed from the CRA consumer report, paid or not, after the 7 year file date expires.

    Its been a while since I checked so I could be incorrect on this one.

  11. rogerjones

    rogerjones Active Member

    Re: IVAN - about tax lien disputes?

    I was under the impression FTB Liens are enforceable for 6 years from date of Assessment. IRS Liens are enforceable for 10 years from date of Assessment. IRS liens may be converted to a Judgement through legal proceedings for another 10 years.

    Unpaid Liens are NOT enforceable Forever. There is a definite time when they become UNENFORCEABLE.

    If I am in error I would appreciate any feedback.

  12. dave

    dave Well-Known Member

    Re: IVAN - about tax lien disputes?

    VJ and Roger--

    There were some changes in the law in the past few years. Formerly, CA tax liens were reported for 7 years from the date filed whether paid or not. However, the law has now changed allowing paid liens to be reported from date paid and unpaid liens to be reported for 15 years from date filed.

    The time for enforcement has changed from 6 to 10 years.

    Both changes are retroactive.
  13. bbauer

    bbauer Banned

    Re: IVAN - about tax lien disputes?

    You intrigue me with your statement about 10 years after assessment.

    In your opinion, what is an IRS assessment?

    We all know what an assessment is when we are presented one by a county propery tax assessment. Well, most of us anyway, I'm quite sure.

    But an IRS assessment is a totally different animal.

    Have you ever seen a lawful assessment by the IRS or have you ever known anyone who received a lawful asssessment by IRS?
  14. DaveLV

    DaveLV Well-Known Member

    Re: IVAN - about tax lien disputes?

    From the Equifax web site:

    Courthouse Records
    Remain for 7 years from date filed except:
    Bankruptcy-Chapters 7 & 11 remain 10 years from DATE FILED
    Bankruptcy-Chapter 13 non-dismissed or open remain 10 years from DATE FILED
    Unpaid Tax Liens remain INDEFINITELY
    Paid Tax Liens remain up to 7 years from the DATE RELEASED

    California State Residents Only: Unpaid Tax Liens remain 10 years from DATE FILED
  15. cole

    cole Active Member

    But who reports these items to the CRAs initially? According to the FCRA the CRAs must investigate disputes with the original source of the information. I can't believe the courthouses have the time to report and investigate all of their cases. Does anyone know more about the process?
  16. MiamiBlues

    MiamiBlues Well-Known Member


    In Miami-Dade County Florida, you can verify a BK by calling the automated service the Court offers. The info can be accessed by SS# or docket number. In my case TU is verifying it by my SS#, yet they are publishing inaccurate info on my report.

  17. cole

    cole Active Member

    Yes, but who originally reported it? This is the issue. I don't care what system shows the status, by the FCRA the item must be verified with whomever reported it. This is a fine point, but it clearly has the potential of being used to our advantage. If we could get the opinion of one of the gurus that frequent this board perhaps we could figure out how to use the information.

    I am looking at a BK that is reported differently by all 3 bureaus as far as assets, liabilities, whether satisfied, etc. All 3 bureaus say they verified the information with the BK court.

    If the BK court originally reported the BK, then they would be the one to verify the information. Why would they verify 3 different versions of the case? If the BK court reported the information, then they should be held accountable for the incorrect reporting. The poiny of all this is we need to be able to contact the SOURCE of this information, but the source is being hidden from us. Getting to the bottom of this issue has tremendous potential for all of us with public records.

    I have heard that the CRAs use contractors who gather the information from them. If that is the case, then the contractors would be the CRA's source and should be held accountable for the information.

    Find the source and hold them accountable.
  18. bbauer

    bbauer Banned

    You are definitely on the right track.

    You just have to refine it a bit more.
  19. cole

    cole Active Member

    I have alluded to this in several other posts, but nobody showed any interest. This could be a real bomb if followed up on, so I wonder if it should be pursued privately. Anyway, I have exhausted all resources I know and this is all I have to show for it. MY HEAD HURTS!!!
  20. bbauer

    bbauer Banned

    If I'm gonna pursue it, which I do all the time, it's going to be by private email

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