kobzoff Posted March 31, 2004 Report Share Posted March 31, 2004 Wondering what the best process is to remove State Tax Liens? Should I1. Dispute with CRA, then hit them with a procedure request or..2. Just go ahead and send the CRA a procedure request....Thanks in advance! Link to comment Share on other sites More sharing options...
Joeybadabing Posted March 31, 2004 Report Share Posted March 31, 2004 I would like some info on this as well. The state of NJ did not contact me properly ( I moved) letters from state sent back by Post Office even though I sent address change notices. They, NJ, issued a Tax lein which I paid right away. Would have paid it before lien.Any info on getting this removed from my CR would be helpful.10 Q in advance Link to comment Share on other sites More sharing options...
J_Snow Posted March 31, 2004 Report Share Posted March 31, 2004 I have no clue-but am interested in hearing. Perhaps a mod will move to the Lawyer thread... Link to comment Share on other sites More sharing options...
Jazkal Posted March 31, 2004 Report Share Posted March 31, 2004 1st - Dispute with CRA's2nd - When/if it comes back verified, send a PR letter3rd - Send a letter to the County Clerk (or who ever holds the record), asking for a letter stating that they do not report/send info to the CRA's#3 is very important. Because the CRA's will say they verified with the Clerk, but the Clerk says they don't. So you have the CRA's in a bind, because they are L.A.D.4th - Take them to court, ITS letters don't do much anymore, because too many people are sending them, and not following through. IMHO Link to comment Share on other sites More sharing options...
Bluebyu Posted March 31, 2004 Report Share Posted March 31, 2004 I was told that the state of NJ, does NOT have to serve you papers to get a judgment against you. I have 4 State tax liens, and I never received any notice about them.. Link to comment Share on other sites More sharing options...
Joeybadabing Posted March 31, 2004 Report Share Posted March 31, 2004 Blue I don't think that is true. States have to follow some rules of conduct. Besides there was a CA involved for me. Have to look at all info then send out letters to the cleark or pay him a visit. Link to comment Share on other sites More sharing options...
Joeybadabing Posted March 31, 2004 Report Share Posted March 31, 2004 In reviewing the documents I have, the state of NJ hired a CA to collect taxes the CA sent mail to me at the wrong address. The CA Hiding behind the Sate issued a Tax lien against me. I just want to get it off my CR. Do I sue the CA? The State? I do think proper procedures were not followed in my case. Any info would be helpful. Link to comment Share on other sites More sharing options...
Bluebyu Posted March 31, 2004 Report Share Posted March 31, 2004 Well if that is the case, Have you tried to get it vacated on the grounds that you were not served properly. Link to comment Share on other sites More sharing options...
Joeybadabing Posted March 31, 2004 Report Share Posted March 31, 2004 No I have not.DoI file the motion here in NY or in NJ? Link to comment Share on other sites More sharing options...
DocDon Posted March 31, 2004 Report Share Posted March 31, 2004 Blue, for what it's worth, I found this:40:65-5. Proof of serviceProof by affidavit of service of such notices shall be filed within ten days thereafter with the officer in charge of the records of tax liens of the municipality, but failure to file such proofs shall not invalidate the proceedings if service has been made as hereinbefore provided.It says this is for municipalities and counties. I would have to agree there needs to be some standard for service of process. Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 1, 2004 Report Share Posted April 1, 2004 How can we get this string moved to the LAWYER FORUM? Link to comment Share on other sites More sharing options...
DocDon Posted April 1, 2004 Report Share Posted April 1, 2004 Send a PM to admin and ask her to move the thread. Link to comment Share on other sites More sharing options...
Bluebyu Posted April 1, 2004 Report Share Posted April 1, 2004 I guess I just believed it because I never got any papers, and thats what the court house clerk told me....Well if that is the case then, I have a lot of work to do.... Link to comment Share on other sites More sharing options...
kobzoff Posted April 1, 2004 Author Report Share Posted April 1, 2004 Thanks Jazkal,I do have a follow up question, you said..'3rd - Send a letter to the County Clerk (or who ever holds the record), asking for a letter stating that they do not report/send info to the CRA's 'So these agencies do not send info to CRA's and I need to call or write to get a something that states they don't do this?Thanks! Link to comment Share on other sites More sharing options...
Guest Posted April 1, 2004 Report Share Posted April 1, 2004 Wondering what the best process is to remove State Tax Liens? Should I1. Dispute with CRA, then hit them with a procedure request or..2. Just go ahead and send the CRA a procedure request....Thanks in advance!If you are unsuccessful in having the lien withdrawn or marked as filed in error by the FTB, option 1 would be the next step (assuming this is for a California FTB lien).You will need to provide more information about the lien for anyone determine what course of action you might be able take with the FTB. Link to comment Share on other sites More sharing options...
Jazkal Posted April 1, 2004 Report Share Posted April 1, 2004 So these agencies do not send info to CRA's and I need to call or write to get a something that states they don't do this?The CRA's use 3rd party companys , that use 4th party freelance people, that go to thier local court house and get the public records. Yet when you ask for the PR from the CRA, they say they contact the Court house directly. BUSTED!I used a letter like this one:********************************************************To Whom It May Concern: I have public information reporting on my consumer report. The Credit Reporting Agency (“CRA”) says you are the “furnisher of information”. Pursuant to the FCRA (“The Fair Credit Reporting Act”), I can initiate a dispute with the “furnisher of information” directly and the CRA is recommending that I contact you directly. Please provide me with documentation outlining the required dispute process with your court; I do not understand how this is possible. I understand that courts don't furnish the information to CRA's directly, and as such, may I have documentation from you please, confirming the same. Thank you,******************************************************** Link to comment Share on other sites More sharing options...
Bluebyu Posted April 1, 2004 Report Share Posted April 1, 2004 This is the letter to send to the court ? Do they ever send anything back ?Could you go to the court house to get a letter from them, or does it have to go threw the mail ? Link to comment Share on other sites More sharing options...
Jazkal Posted April 1, 2004 Report Share Posted April 1, 2004 I sent it to two different court houses, in different counties. Never heard anything from one, and got two much info from the other.If I was going to do it again, I'd go down to the court house to do it. Link to comment Share on other sites More sharing options...
Bluebyu Posted April 1, 2004 Report Share Posted April 1, 2004 Thank You........... Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 2, 2004 Report Share Posted April 2, 2004 I am confused should I try the VACATE route or should I try the dispute route foir my liens? Link to comment Share on other sites More sharing options...
kobzoff Posted April 2, 2004 Author Report Share Posted April 2, 2004 Thanks again Jazkal! Link to comment Share on other sites More sharing options...
Bluebyu Posted April 2, 2004 Report Share Posted April 2, 2004 Why not do both...but you said you paid it right ? So if you were not served properly...you can get it vacated, which means open the case back up. Because if you were served the papers, you would of paid it before the judgment, Right..? And since its already paid, I would think it would be dismissed and you can get a paper saying just that from the court.. Then send it to the CRA's....And have it taking off your CR'S... Link to comment Share on other sites More sharing options...
smogtek Posted April 2, 2004 Report Share Posted April 2, 2004 Tax liens are TOUGH if not IMPOSSIBLE to get off!Most of the time it is dumb luck or laziness on the part of the CRAs. 30 days goes by and then the lien goes bye-bye.Periodic disputing is probably the most effective. It worked for me on a few of mine.The IRS has protocol in place to remove a "mistakenly placed" lien. Search their website or get in touch with a taxpayer advocate through them.California FTB has a "Lien Dept", but I believe they have TOUGH guidelines for removal.That's about the extent of my knowledge on the topic.HTH Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 2, 2004 Report Share Posted April 2, 2004 Ok Blue I am going to try both! I'll keep ya up to date on the situation.Thanks to all for the help. Now is time to go get em! Link to comment Share on other sites More sharing options...
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