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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3851
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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The state of New Jersey has entered a couple of erroneous public

Resolved Question:

The state of New Jersey has entered a couple of erroneous public records and I have been unsuccessful in my attempts to have them remove these items. They only updated the record as stating that a tax lien was released. In fact I never owed a tax lien, the state owed me and paid me money from prior tax years. This public record is negatively affecting my credit report and rating. What are my options to file a suit
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
What department have you been communicating with?
Customer: replied 1 year ago.


The state department of revenue & taxes

Customer: replied 1 year ago.

Is that it or are you researching your answer?

Expert:  Zachary replied 1 year ago.
Thank you for your response. I have one more question for you.

You stated that they actually owed you money and that you did not owe taxes. Did this come about through any sort of administrative hearing or tax court ruling? What sort of documentation do you have that can establish that there was never a tax due and that the state is listing an incorrect statement?
Customer: replied 1 year ago.

I have my tax returns and the stubs from the payment they remitted to me.

Expert:  Zachary replied 1 year ago.
My first instinct is that the Division of Taxation should cooperate with you to remove the inaccurate information from the public record and that perhaps this will require a actual visit to their offices and setting an appointment.

However, if they are simply refusing to do their job, then you would indeed file suit against the New Jersey Division of Taxation seeking injunctive relief. But in order to get the right to sue the state, you have to "exhaust your administrative remedies."

That means you need to file a protest petition with the Division of Taxation for an administrative hearing. You can do this type of proceeding without a tax attorney, but it may prove very difficult for a layman to accomplish. The best guidance I have found to explain how to go about filing the protest and getting a hearing with the State is in the following document:
http://www.state.nj.us/treasury/taxation/pdf/pubs/misc/cab300.pdf

Please let me know if you have further questions.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3851
Experience: Lead trial/International commercial attorney licensed 11 yrs
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