In 1998 the FCRA was amended to allow tax liens to be reported 7 years from the date paid. Prior to that, tax liens could only be reported 7 years after they were filed. What about tax liens filed before 1998 but not paid? I would think that if a law was retroactive it would be explicitly stated as such. I can't find any part of the 1998 amendment that says so. Does anybody know if that amendment was made retroactive? In other words, if a tax lien were filed in 1992 and not paid, could it be reported after 1999?
I just spoke with a "consumer counselor" at the FTC. They say if the liens were filed and paid prior to 1998, they fall under the old law and can only be reported for 7 yrs from date filed. Filed and not paid, can still be reported, and will fall under the new law. I searched all through the FTC opinion letters and found nothing about this. Maye there's more to this than I asked him...anyone else got a clue? breeze
So, the law is retroactive. I don't know, I've called the FTC before and sometimes the person is knowledgeable, sometimes not. It must take forever to get a staff opinion...has anyone ever tried that?
So, my tax lien, (filed in 1993, paid in 1996) can be removed? I got it off Experian, via Junum, but Tu and Equifax verified, and when I called, they both stated that it would remain for 7 years after the paid date, which would be 2003. I hope you ar right!!
The guy said "just tell them exactly what you told me." I told him I had searched for an opinion on this and found none, he said that's because it's clear. If it was all concluded prior to the amended 1997 (98) FCRA, it falls under the old laws. No need for opinions. I highlighted the tax liens on my report, sent a letter saying I had disscussed it with the FTC consumer counselor, who suggested that rather than file a complaint, I should just explain the "time line" and request removal. I hope they do it too. Give it a shot! Experian takes them off at the correct time. EFX and TU have their own interpretation of the laws. That's one thing about written communication. They don't dare make it up, and put it in writing. Although I have gotten some crazy written stuff from them. good luck. i'll let you know what they say. breeze
UPDATE I disputed my tax liens on EFX and TU on this basis - can't report because they fell under the old law. Today I got the response from TU. They just outlined all their reporting times for all negs. I think they were saying "no way" LOL. I was furious. So I started looking through the fcra from previous years - prior to the 1997 amendments, to find it so I could prove what I was saying. I searched all the way back to 1971, the original FCRA. Folks, it has always been the way it is now. They can report unpaid tax liens for 7 years from the date paid. LOL, maybe Equifax bought it - I don't know yet. Just proves that the "consumer counselors" at the FTC don't know sh*t. Don't bother with them, LOL. They are making up the answers as they go along. breeze
Re: UPDATE TRY THIS. ASK THE CB'S TO VERIFY THE RELEASE DATE. GIVE YOURSELF A 7YR WINDOW. IT WORKED FOR ME ON ALL THREE CB'S
Re: UPDATE JUST A STATED. DID EQUIFAX & EXPERIAN ON LINE. TRANS UNION ON THEIR DISPUTE FORM. JUST SAY THE RELEASE DATE IS INCORRECT. KEEP IT SIMPLE. IT WORKS!!!!
