Has anyone out there tried sueing the Calif Franchise Tax Board over inaccurate Tax Liens? The best so far that I could get them to do was to release them..which isn't good enough. They won't budge on removing them..even with an atty working on it for me. So trying to plan my next step..I've disputed several times, got a few off, easiest was TU. but now I want the rest off. Any input would be appreciated.
I'm in the same boat. They are paid, but I want them deleted. I'm going to dispute them during CHOD and see what happens.
In a nutshell, I left Calif. for overseas in 1993, just befor leaving I went to the FTB in person & filed 1990, 91, 92 taxes, which I was late in filing . For 1990, 1991 I owed a total of $1000 for 1992 I was due a refund for $200, leaving a balance due them of $800 expecting to be sent a notice for the balance, I went overseas, returning in 1998, I again went to the FTB & filed 1993, which had a refund due of $1000, but because the SOL for filing a refund was over, I couldn't collect. I also found out they had filed "numerous" liens in fact 5 both individually & jointly in both Solano & Sacramento counties. The total for all of the liens was greater than $15,000 ...remember I only owed them $800! But when they file a lien it is based on the total tax liability ( which is based on your total gross income + total tax due), Not total tax due less what I had deducted from my check. It's kind of like a Mortgage company sueing you & getting a judgement for the orignal balance which you borrowed from them, but neglecting that you owned the home for many years and had paid down the balance to hald of what was originally owed....of course the judge would laugh at them. But the state taxing authorities can get by with it. Even filing in mult. jurisdictions, which to the CRA's looks like a totally different lien. In 1998 I a BK 7, discharging the taxes but the FTB refused to communicate with the court. It took an atty recently to contact them to get them to "release" the liens. But as we all know, a released lien is as bad as unpaid lien. They refuse to budge on removing them.
