Have Legal Questions? Ask a Lawyer Now.
I have good credit; but, that's not the issue - I need to get the record of the satisfied lien removed ASAP -- meaning, by the end of October at the latest. Is this possible?
Yes, it is possible. Your lawyer will have to persuade the state to file an amended report with the credit agencies that says that the tax lien was filed by mistake, and specifically request that the entry be deleted. The state may or may not agree to do that. However, I think that your fear of not getting a job because of this entry on an otherwise very good credit score is unwarranted. The fact that it shows as being satisfied is the important part. Employers typically will not use that kind of information to deny a job to an otherwise qualified applicant.
I hope that this information is helpful. Please click on a smiley face so that I will becompensated for assisting you. If you have a follow up question please send meback a Reply without entering any rating. Also, be sure to verify thisinformation with a local attorney who is familiar with your local laws andprocedures. Thanks again for using Just Answer. Your business isappreciated.
Hi - I sent the letter to the state requesting that they be vacated; I only want it vacated because I will not be able to get a job in my field with it on there --- or, least this is what I strongly believe and very much believe to be true. I filed a letter with the state asking them to vacate the order on specific grounds, having noting to do with credit, which is fine ... on what grounds are they likely to agree to vacate the liens? They were relatively small, satisfied almost immediately after they had been filed, and I was not aware that they were being filed, and they caught be by surprise ... what I really want to know if under what circumstance are they more likely to vacate? I know you think my fears are unfounded, but that is the crux of the issue - weather or not I likely fit the criterion, which, quite frankly, I can't find anywhere. I just told them the truth, and sent the letter, which they said was better off coming from me (I asked what they preferred)... so that's it ... I am supposed to call back in 10 days, or maybe I will hear from them before that .... but I am freaking out because I have no idea what the criteria are ... and neither did the tax lawyer, btw ... so I am totally in the dark here and can't even begin to guess if they will vacate it or not
You must calm down and let the people at the state revenue dept do their job. It will do you no good to search for criteria outside of their offices. If they can't or won't tell you, then as far as you're concerned, they don't exist, which I believe is more likely than not. So why beat your head against the wall about something you have absolutely no control over. You have to wait out the 10 days and see what they do. There's nothing more that I or anyone else can add to this answer.
I hope that this information is helpful. If not, please send me a Reply without entering any rating and ask for additional information. If it is, I would appreciate your most favorable rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.
Thanks Irwin -- btw, between emails I found the criterion on the NYS tax website! I submitted a letter to NYS Assessment Receivables, which is the proper channel, outlining my situation. They seemed pretty nice actually ... now, here is the back up (which is where I found a better sense of the criterion) .... "the Office of the Taxpayers Rights Advocate (OTRA) helps taxpayers who tried all other reasonable avenues of remedy (e.g. the proper channels) or when the tax problem creates undue economic hardship"... (from state of new York department of taxation and finance website),
Case Acceptances guidelines include ... "
Then it specifically tells you how request assistance by filling out and submitting a Form DTF-911. It was not easy to find this page, but apparently, it seems as if I fit the criterion ... so, I feel much better. And, am happy that there is another route if you need to continue. Makes me feel better. I think this should give us a better sense of the guidelines ... there is not much out there, but I can tell you one thing ... my research has revealed that not one case involving a plea to have it vacated to have it removed from a credit report because the consumer needed a loan has ever been granted. Anyway, thanks for your help and correspondence.
thanks for the prompt responses
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).