Tuesday, September 18, 2007

How do I get an erroneous California State Tax Lien removed from my credit report?

How do I get an erroneous California State Tax Lien removed from my credit report?

I have a tax lien on my credit reports - again - some 12 years after CA put it on, even though I didn't owe taxes (OK, I filed late without an extension...my fault...). I have had it removed three times over the years, but checked my Credit report not long ago and there it was again. Each time I've needed to send in the proof document from the state (they've provided it to me back in 1995) and send it to the three credit bureaus...and it will come off for a bit, but ends up back on again - screwing up my credit scores.Is there a reliable way to keep this from continuing to happen? Does anyone know? Anyone every cracked to code on the California Franchise tax board's reporting mess?Thanks.Steve in Seattle.

I should ephasize: This is NOT a PAID tax lien - it's a tax lien that was removed by the State of California since I no longer owed the taxes. The document I have is dated 1995. I will contact CA State Franchise Tax Board. As a California State Gov't Agency, it will probably be equally unenjoyable and innefective as a trip the the CA DMV. Thanks All!

The Answer : Steve,Start by reading the info below. this is from the Fair Credit Reporting act.I would say after posting this 3 times to your report, and you constantly fighting them to stop, this is a slam dunk small claims suit. If this is showing up on all 3 reports, you can sue each of them.What can you do with $3000?
Source(s):Sec. 1681c. Reporting of obsolete information prohibited(a) Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information:(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.Sec. 1681n. Civil liability for willful noncomplianceAny consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of--

(1) any actual damages sustained by the consumer as a result of the failure;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

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