California law on removing tax liens

[mkay lady]

I read on another thread that in the state of California unpaid tax liens can only remain on credit reports for ten years from date of filing. What is the statute that upholds this? If it is true and the CRA is still listing the tax lien after the ten years has passed then is that a violation that one can take legal action against?

[Fozzle]

From Section 7172 of the California Government Code:

7172. © A state tax lien may, within 10 years of the date of the

recording or filing of the notice of state tax lien or within 10

years of the date of the last extension of the lien, be extended by

recording in the office of the county recorder of any county or

filing with the Secretary of State a new notice of state tax lien as

provided in Section 7171, and from the time of such recording or

filing the lien is extended for 10 years unless sooner released or

otherwise discharged.

http://caselaw.lp.findlaw.com/cacodes/gov/7170-7174.html

That doesn't directly address the issue, but California Civil Code Sec 1785.13 (a)(4) only addressed paid tax liens, which can remain for 7 years from the date of payment.

I'm sure someone will have a more definitive answer, but it looks like unpaid liens can stay as long as they are active and unpaid. I haven't seen that other thread.

[mkay lady]

From Section 7172 of the California Government Code:

7172. © A state tax lien may, within 10 years of the date of the

recording or filing of the notice of state tax lien or within 10

years of the date of the last extension of the lien, be extended by

recording in the office of the county recorder of any county or

filing with the Secretary of State a new notice of state tax lien as

provided in Section 7171, and from the time of such recording or

filing the lien is extended for 10 years unless sooner released or

otherwise discharged.

http://caselaw.lp.findlaw.com/cacodes/gov/7170-7174.html

That doesn't directly address the issue, but California Civil Code Sec 1785.13 (a)(4) only addressed paid tax liens, which can remain for 7 years from the date of payment.

I'm sure someone will have a more definitive answer, but it looks like unpaid liens can stay as long as they are active and unpaid. I haven't seen that other thread.

My tax lien was not renewed so would be discharged even if not paid.

I am referring to the law which states that nothing derogatory can be listed on the CR for longer than a period of 10 years in the state of California. It is in the Civil Code I believe and would cover unpaid taxes. I did see something mentioned in another thread which had to do with the topic of repairing credit after BK (which is why I did not ask my question in that thread). Anyone else have more info on this California statute?

[Fozzle]

According to Equifax, it's 10 years from the date filed. There's no legal citation:

How long do you keep my credit information?

How long do you keep my credit information?

Payment in full does not remove your payment history. The length of time information remains in your credit file is shown below:

California State Residents Only (must be current resident)

* Paid or released tax liens remain on file seven years from the date released or 10 years from the date file

* Unpaid or unreleased tax liens remain 10 years from the file date

* All consumer-initiated inquiries for the purpose of obtaining a loan and/or benefit remain on the file for two years

* All other purge rules as noted above apply

http://www.equifax.com/cs/Satellite/EFX_Content_C1/1165203960838/5-1/5-1_Layout.htm?packedargs=Locale%3Den_US

[mkay lady]

According to Equifax, it's 10 years from the date filed. There's no legal citation:

How long do you keep my credit information?

How long do you keep my credit information?

Payment in full does not remove your payment history. The length of time information remains in your credit file is shown below:

California State Residents Only (must be current resident)

* Paid or released tax liens remain on file seven years from the date released or 10 years from the date file

* Unpaid or unreleased tax liens remain 10 years from the file date

* All consumer-initiated inquiries for the purpose of obtaining a loan and/or benefit remain on the file for two years

* All other purge rules as noted above apply

http://www.equifax.com/cs/Satellite/EFX_Content_C1/1165203960838/5-1/5-1_Layout.htm?packedargs=Locale%3Den_US

If EQ is stating this then there must be a California state statute telling them this is the rule for California. If not I doubt EQ would be so generous to those of us in sunny Ca. I believe it has to do with any negative info needing to be deleted after ten years listing on the CR, whether it be a tax lien or any other negative item.

I am interested in EX since they are the ones listing this when EQ and TU have deleted on the ten year mark. I want to dispute with EX but need some basis for my dispute and to know what my rights are if they do not delete it. Any input would be greatly appreciated.

[Houdino]

From a post I did in another thread:

Tax Liens suck, period.

But all Federal Tax Liens that I have ever seen have this wording displayed prominently inside a bold box right in the center of the Lien:

"IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a)."

That is the exact wording off a Federal Tax Lien.

"column (e)" is Titled "Last Day for Refiling" and is 10 years + 30 days PAST the "Date of Assessment", which is the date the IRS assessed the taxes due.

This would seem to indicate that a Federal Tax Lien "auto releases" IF the IRS does NOT refile it. AND one should be able to use the Lien itself as proof of release. IF the IRS refiles a Lien, that would generate a new serial number for the new Lien AND a separate Document number if they record it at the County Recorders Office in the county where the debtor resides.