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Help with New York State Tax Judgment

Member

Help with New York State Tax Judgment

I have a New York State Tax judgement showing on my EX and TU from December 2009. The judgement was paid in July 2010. How do I go about getting a deletion from my CR. Any help would be greatly appreciated.

 

 

 

Message 1 of 11
10 REPLIES
Valued Member

Re: Help with New York State Tax Judgment

check your pm

Message 2 of 11
Senior Contributor

Re: Help with New York State Tax Judgment


Guyute1916 wrote:

I have a New York State Tax judgement showing on my EX and TU from December 2009. The judgement was paid in July 2010. How do I go about getting a deletion from my CR. Any help would be greatly appreciated.

 

 

 


They do not delete simply because they are paid.

 

If a judgment, it would need to be vacated by the court that rendered the judgment.

 

If a lien, it needs to be done by the state tax authority which held the lien.

IAALBNYL
Message 3 of 11
New Member

Re: Help with New York State Tax Judgment

also have a tax judgment..paid...can you please send pm me with info on how to remove? thank you so much

Message 4 of 11
Senior Contributor

Re: Help with New York State Tax Judgment


choklit wrote:

also have a tax judgment..paid...can you please send pm me with info on how to remove? thank you so much


Are you talking about a tax lien or a tax judgment?

 

Most tax authorities simply file an administrative lien instead of going to court to sue you in order to obtain a judgment.

IAALBNYL
Message 5 of 11
New Member

Re: Help with New York State Tax Judgment

do you mind  sending me that info too?

 

thank you so much

Message 6 of 11
New Member

Re: Help with New York State Tax Judgment

judgement

Message 7 of 11
Senior Contributor

Re: Help with New York State Tax Judgment


choklit wrote:

judgement


Which state sued you to obtain a judgment over taxes?

 

How exactly does this appear on your credit report?  Can you cut and paste the credit report tradeline -- eliminating, of course, personal identification data?

IAALBNYL
Message 8 of 11
Visitor

Re: Help with New York State Tax Judgment

new york state taxation and finance...its been paid too...its from last year in the amount of 1,773...reported and civil claim paid...would like to know how to get this deleted?

thank you again for you help

pam

Message 9 of 11
Senior Contributor

Re: Help with New York State Tax Judgment


choklit1 wrote:

new york state taxation and finance...its been paid too...its from last year in the amount of 1,773...reported and civil claim paid...would like to know how to get this deleted?

thank you again for you help

pam


The distinction between a tax lien and a tax judgment is very important since each one is handled differently.  Weher you actually sued, received a summons and given a date to appear in county court?  In my experience, the NY State Department of Taxation & Finance does not obtain a judgment; they simply file a tax lien or tax warrant.

The NYS Dept. of Taxation & Finance also handles collections of certain child support arrearages by issuing what they once referred to as tax warrants.

 

So, assuming you have an actual tax lien for unpaid taxes, NYS will virtually never withdraw the lien so that it is removed from your credit reports.  Simply paying a lien does not remove it from your credit profile and by law it can remain for ten years from date of payment in full.  Since a lien is administrative by nature and not judicial, only the NY State Department of Taxation & Finance can withdraw the lien.  And they will not do that simply because it is paid.

 

If, on the other hand, you have an actual judgment that they obtained by suing you in court, payment alone is not usually grounds to have the judgment vacated and only by having it vacated are the credit bureaus obligated to remove it before the judgment's seven-year anniversary. 

 

To have a judgment vacated you need to file a Motion to Vacate with the court that entered the judgment.  In New York City many courts will vacate a judgment if it is paid and a proper motion brought before the court.  You can get the proper motion format from the NYS Unified Court System website.

 

Outside of New York City it is a bit more difficult to have a judgment vacated and usually payment alone will not suffice.  Generally you will have to show that the plaintiff (i.e. NYS Dept. of Taxation & Finance) had no standing to sue you or through defective service the court hadn't proper jurisdiction to hear the case.  Since the actual plaintiff was the State of New York, you may have a difficult time proving any of those things.  Still, you can try to file a Motion to Vacate and perhaps, since the judgment is paid, the judge will show a little mercy and allow the judgment to be vacated.  However, the court will have to notify NY State and they will have a chance to appear for the hearing.  Do not expect them, if they appear, to agree.  Should they disagree, the chances that the judge will vacate the judgment are very slim.

 

If your issue with NYS Dept. of Taxation & Finance is over a child support obligation, the issue is too complex to digest here.  Depending on various factors, the negative tradeline can remain until 7 years after the child's 21st birthday (or even longer).

IAALBNYL
Message 10 of 11