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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4661
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I need a new York tax lawyer please. I have a satisfied lien

Customer Question

I need a new York tax lawyer please. I have a satisfied lien on record, and I want the record removed (it was paid in full, almost immediately) on the grounds that it was filed prematurely and sufficient notice was not provided; also, failure to remove the lien will cause undue economic hardship, and maintaining employment is in the best interest of the tax payer and the state. My company has been downsizing, rapidly, and I don't know how much longer it will be around - so, I need to get a new job, but having this on my record will severely limit my candidacy. I can't get a new job until this is removed and am having a panic attack. I only notice the record when I checked my credit report, by the way, which is about a 720 - so 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?
Submitted: 11 months ago.
Category: Legal
Expert:  Irwin Law replied 11 months ago.

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.

 

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Customer: replied 11 months ago.


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

Expert:  Irwin Law replied 11 months ago.

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.


Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4661
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 4 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

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 ... "



  • You have made a reasonable attempt to resolve your problem through the Department's established methods prior to contacting the Taxpayer Rights Advocate.

  • You believe that the tax laws, regulations or policies are being administered unfairly or incorrectly, or have impaired (or will impair) your rights.

  • You face a threat of immediate adverse action (e.g., seizure of an asset) for a debt you believe is not owed or where the action is, in your view, unwarranted, unfair, or illegal.

  • You are experiencing undue economic harm or are about to suffer undue economic harm.

  • You will suffer irreparable injury or long-term adverse impact if relief is not granted.

  • You believe that there has been an undue delay by the tax department in providing a response or resolution to your problem or inquiry.

  • Your situation represents a systemic flaw that may adversely impact other taxpayers.

  • The Taxpayer Rights Advocate determines that compelling public policy reasons warrant assistance to an individual or group of taxpayers.

  • You believe that the unique facts and circumstances of your case warrant assistance by the Taxpayer Rights Advocate."


 


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.


 

Customer: replied 11 months ago.


thanks for the prompt responses

Expert:  Irwin Law replied 11 months ago.
Well, you learn something new every day. Good research. You sound like you fit into 3,4,and 5. I like your chances.

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