How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36626
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

In 2007, FL Dept of Revenue filed a tax lien and is on public

Customer Question

In 2007, FL Dept of Revenue filed a tax lien and is on public record and showing on my credit report. Isn't there a statute of Limitations of 5 years and shouldn't it be removed. History was I initially was looking to start a business and never sold a single item and tried contesting this with them and thought it was resolved, but I obviously was wrong.
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Isn't there a statute of Limitations of 5 years and shouldn't it be removed.
.
Under FL Statute 95.091 Limitation on actions to collect taxes , it states that there is a 5 year statute of limitations on any tax lien granted to the state or any other public entity. So yes, the lien should have expired and would be unenforceable.
.


FL Statute 95.091
(1)(a) 
Except for taxes for which certificates have been sold, taxes enumerated in s. 72.011, or tax liens issued under s. 196.161 or s. 443.141, any tax lien granted by law to the state or any of its political subdivisions, any municipality, any public corporation or body politic, or any other entity having authority to levy and collect taxes expires 5 years after the date the tax is assessed or becomes delinquent, whichever is later. An action to collect any tax may not be commenced after the expiration of the lien securing the payment of the tax.
.
With that said, I would suggest filing a formal dispute with the credit reporting agencies and requesting that they remove the debt due to it being unenforceable. They will file a formal request that the DOR validate the lien by proving it is still enforceable. If they can't, the credit agency has to remove the entry within 30 days.

.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.