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Tax liens reported in error.


BTO429
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I posted this some time ago but I am reposting it as I may have found the solution.

In 2007 two tax warrants were served on me for not paying sales tax. I had a small business at the time. Due to disabilities I could not continue the business. I filled my papers with the state saying I was closing.

For some reason those papers were not processed and they sent the warrants for collection of estimated sales tax.

When I found out what happened I called the state tax office and they said that they had been reported in error and they released those liens.

I pulled my credit today and they are on my report, still, even after disputing with the cra's. They show as verified but no status is entered.

We all know that even a released or satisfied judgment still hurts your score.

Well I started tax law in my law classes this week and I have found some state laws in my class that should help me get them expunged.

there are two angles of approach I can take.

IC 6-8.1-8-2 Version a

Judgments arising from liens; expungement of tax warrants

(h) If the department determines that the filing of a tax warrant was in error, the department shall mail a release of the judgment to the taxpayer and the circuit court clerk of each county where the warrant was filed. The circuit court clerk of each county where the warrant was filed shall expunge the warrant from the judgment debtor's column of the judgment record. The department shall mail the release and the order for the warrant to be expunged as soon as possible but no later than seven (7) days after:

(1) the determination by the department that the filing of the warrant was in error; and

(2) the receipt of information by the department that the judgment has been recorded under subsection (d)

(j) A release issued under subsection (h) or (i) must state that the filing of the tax warrant was in error. Upon the request of the taxpayer, the department shall mail a copy of a release and the order for the warrant to be expunged issued under subsection (h) or (i) to each major credit reporting company located in each county where the judgment was filed.

Now, knowing how the courts are in my area the court clerk will not know this, or even if she does she will not admit it, so I will have to file a motion with the courts to enforce the rules.

I will call tomorrow and talk to some one in the state tax office about this and see if a determination can be made as to whether it was entered in error or not.

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  • 2 weeks later...

Hello BTO429,

I was in the Army for 8.5 years, and am now receiving 100% disability based on being unemployable.

I just got my credit reports and have a tax lien from Georgia from May of 2001.

I have been a resident of Michigan for over 20 years now, even while I was active duty.

There is a case number and an amount, it is in Superior Court.

Just wondering what happened when you called the court.

Is the only way to get it expunged is if the court agrees it was a mistake?

Thank you for all your help I have been reading for days now.

Beth

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Well there are some other ways to fight it but they are kind of a long shot.

My biggest complaint will be the fact that as soon as I found out about them I took care of them and got them released.

I dont see how you could have tax liens in GA while living in MI.

Use that gi bill chapter 33. I am using mine and going to law school.

I am also 100% with unemployablity.

If you need any help with GI bill send me a PM and I'll gladly help a fellow veteran.

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Thank you very much for your offer of help.

I have been to Vocational Rehab. (didnt quite finish my illness was at its worse)

there are school loans that have been discharged (using my unemployability as the reason I cannot pay back. They all report zero balance and has been discharged, but I am confused about why they are still on there at all.

I will call the GA superior court and see if they can tell me anything...tax liens do not look good.

Okay, back to checking out the report and what I can do about it.

Beth

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