Removing old IRS lien from CA

[smorr]

What is the name of your state? Massachusetts

I have a question - and Ladynred can probably help me on this one. I'll try to make this as brief as possible, but have to tell the story for you to get the right idea. Sorry... Hubby (now-ex) worked as contractor, never filed 1099's. We were married at the time. 1990, we separate, early '91 he presents two 1040's (on a Sunday, so can't call attorney and can't call IRS) for me to sign, says IRS said we had to file joint, because we were married during years he had to file for and he was already late and had to mail next day. I stupidly sign - he loses his job and I become liable (of course he said he'd take care of everything - yeah right..)..and lien shows up on my credit report (same year '91). Years later - '98 - the debt is finally paid off (I paid most and reimbursed from him through separation agreement). BUT - tax lien still on one of my credit reports (I think TransUnion). I've had hard time getting IRS to send me proof that debt is paid. How can I get the CA to remove the entry as erroneous? I've heard Trans Union is terrible at removing information...

[Ladynred]

Dispute it with the CRA as inaccurate, lien is paid in full.

Have you only talked to the IRS or have you written your request for a satisfaction of lien document ? If you've not made your request in writing, then do so.

You might also try talking to a taxpayer advocate. They know how to deal with the IRS, that's their function and you may get some quicker results.

[smorr]

I only called the IRS and got nowhere - the IRS did send a form which gave info that the last portion of the debt was withheld from my refund and that the end result was $0. (I'd get one of those each year they'd withhold my refund to apply to the debt. I assume that is not sufficient enough to show that the lien has been satisfied, but I also assume that the CRA will do their own investigation based on my dispute. My only worry is that they won't receive enough info or the right info from the IRS and not remove it. Then it goes from a dispute and becomes a fight....

When writing to the IRS, will I specifically ask for a "satisfaction of the lien document"? If that's all it takes (hopefully), that'll be a piece of cake. I will definitely write the IRS and see what happens. In the meantime, I'll also dispute the entry on the CR and see what shakes loose there.

Thanks for your help! I knew you'd come through!

sm

[bigun]

Actually, tax leins stay for 7 years from payment.
605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

Have you moved or remarried since that time. Your best bet may be to make sure all old addresses are removed from the report and any name change corrected and dispute as not mine.

[smorr]

Nope - haven't moved or remarried since then - so looks like I may have a couple more years. I wondered about that too, but I thought it was from the date of the lien - an attorney told me that after 10 years from the date of the lien, the IRS had no claim (I really didn't believe him, since I'm sure they have an indefinite claim). And I think the limit may have moved up to 10 years - same with bankruptcy - used to be seven, now it's ten.

But, it's still worth a try to at least get the IRS to give me a document stating the lien is satisfied - if worse comes to worse, I can deal with the CRA when the time comes and it should be easier if I have the satisfaction of lien from the IRS by then. Funny, though - it's only one CRA that has the lien listed, the other two don't.

Thanks!

[bigun]

Check out this thread:
[url]http://www.creditboards.com/phpBB2/viewtopic.php?t=7842[/url]

I've not had a chance to look at the links but, I thought of you when I saw the title.

[smorr]

Bigun - Thank you so much! I haven't looked at the entire list of responses yet to the link you directed me to, but I think I'll get quite a bit of info from it (I've saved it in my 'favorites', so will look at it in more detail later). Since the debt in my situation is paid in full (I've been receiving refunds again since 1998) I may qualify for the release - depending on the time the info remains on the CR. If not qualified to remove now, at least I'll have a better idea of how to get the info removed when the time comes.

Again, thank you!