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MDLaw
MDLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5834
Experience:  Experience in consumer litigation and FDCPA matters
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How long can a credit bureau list a state tax lien from the

Customer Question

How long can a credit bureau list a state tax lien from the state of Texas on one's credit file.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  MDLaw replied 2 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

Is it still unpaid?
Customer: replied 2 years ago.
Yes....it was for unemployment tax by a business that I owned and was forced to bankrupt in 1992. I also was liable for federal taxes (payroll) that I paid completely 10 years ago and a federal lien was released. I am now 65 and disabled and there is no chance I am going to be able to pay the state liability.
Expert:  MDLaw replied 2 years ago.
An unpaid tax lien will stay on your credit report until it is paid. Once it is paid, the credit bureaus can keep it on your credit report for 7 years after the date of payment.

Please let me know if you need any clarification.
Customer: replied 2 years ago.
I have another expert who says they are compelled by law to remove any lien or garnishment after 15 years, whether it is valid or not, unless it has been refiled (this lien has not) Who is right and what statute do you cite (number please)
Expert:  MDLaw replied 2 years ago.
It's from the FCRA. You still owe the debt and so they can still report it. Do you want a cite to the FCRA?
Customer: replied 2 years ago.
Yes please cite statute in FRCA
Customer: replied 2 years ago.
Relist: Answer quality.
Counselor did not cite statutes or other specificity. His/her answer is contrary to another one I received from a credit firm. Who is right?
Expert:  MDLaw replied 2 years ago.
Here is the link:

http://www.ftc.gov/os/statutes/031224fcra.pdf

It is section 605 that states that it stays on your credit report for 7 years after it has been paid.
Customer: replied 2 years ago.
I appreciate your answer, but I have consulted two more sources and the both say: 7years for paid tax liens 15 years for UNPAID tax liens...this lien is 19 years old and has NOT been renewed. Are they misstating?....they represent themselves as credit agency experts and attorneys.
Expert:  MDLaw replied 2 years ago.
Are you saying you have a citation that you want me to review? I don't see any citation in the FCRA that says that unpaid liens can be taken off of your credit reports.
Customer: replied 2 years ago.
My son is an attorney...licensed in Mo. and Il. Works for a large firm in St. Louis...mostly appellate work for the firm. I called him and within 2 min. had an answer...with the appropriate Texas statute by number....Yes, state tax liens are on the record until they are paid and released by the filing agency.....but, as a practical matter, they are unenforceable because the statute states the agency must sue to collect within 3 years of filing or they lose the ability to collect (if there was no fraud and the taxes were filed....which they were.)
Two of the credit reporting agencies (re: their web sites) no longer report UNPAID state tax liens after 10 years (as in my case)....only Equifax has a policy of no limitation on reporting. So now we can take appropriate steps to challenge that...or attempt to make an accomodation with the state ....so, thank you for "going the extra mile" to come up with a solution to help me. Good thing my son is such a competent attorney.....only 4 years out of Wash. U. , is highly regarded by his firm...and compensated accordingly....and you are working for 38.00 a case. Guess you get what you pay for...
You can be sure I will not be back. Thanks again.

Expert:  MDLaw replied 2 years ago.
You asked about credit reports. Credit reports are federal and not state. Thus, there cannot be a state law that says how long a credit bureau can have something on your credit report since state law cannot trump federal law. You did not ask about enforcing a state tax lien. You asked about having it on your credit report. Those are two separate things. You posted this in the consumer law section because you asked about your credit report and that is the question that I answered and I gave you the correct answer and also a citation. Whether or not a lien is enforceable has nothing to do with having it reported on your credit report.

Since your lien is still unpaid, you have no basis upon which to remove it from your credit report.

Additionally, you appear to have misunderstood the purpose of this site. Lawyers do not take cases on this site and lawyers do not give advice on this site. In fact, it is against site rules (disclaimer is prominently listed right on this page) for me to give you any solutions. It is also against professional ethics rules since I am not working as your lawyer. I can only give you general legal information. Thus, I was not working for you. I was providing general legal information to you. I have been out of law school for over 10 years and so my hourly rate when I am practicing law is several hundred dollars an hour. I actually made nothing assisting you since you did not accept my answer, which is fine.

You are most welcome for the information on the FCRA. That is the federal law that governs credit reporting.

Thank you for letting me assist you and good luck to you. I will now ask this to be closed because of your personal attack.

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