TransUnion Didn't Delete Tax Lien

[Anonymous]

I have a federal tax lien. EQ removed it early in July without me doing anything. I disputed it on TU and EX. Just got notification that EX also deleted it today. TU, however, said it would remain.

Any idea why TU would refuse to remove it and both EQ and EX decided to remove it? I would imagine it doesn't have the correct info since both the others removed it. Anything I can do to get TU to get this thing off my report?

I still have a few other baddies hanging on, mostly medical, but this tax lien is the beast I want to get rid of. It's past the collectible period of ten years for taxes, so they cannot legally collect the debt anymore. I just want it off my report.

[RobertEG]

Did you pay the IRS lien in full, or did you settle for less?

IRS and CRA policy is distinctly different for paid in full vs settled liens.

The IRS will formally withdraw a tax lien if paid in full,   The taxpayer must then submit a request to the IRS for withdrawal, which is done using IRS form 12277.

If the IRS then formally withdraws, the CRAs will delete the reporting if you send them notification of the withdrawal.

However, if settled for less, the IRS does not withdraw the lien, they only "release" the lien, and dont withdraw.

Have you filed IRS form 12277 and received a withdrawal of the lien from the IRS?

[Anonymous]

It's not paid. It's for more than three times (almost four) what I make in a year, and it covered the two years of my entire life that I actually made more than enough to support my family. Then the income went away unexpectedly and I couldn't pay the taxes. (I didn't even know about paying quarterly taxes back then, or even that taxes weren't being taken out as a 1099 employee. I had only ever been a regular employee before, and taxes were always taken out before I got paid. I figured it would be the same. Nope.) HUGE mistake that I learned from, but there was nothing I could do by the time the tax bill came in. If I told them what I CAN pay to settle (maybe $200, and then I'd probably have to get an extension on my electric bill or something to offset the money) they'd just laugh at me.

Anyway, that new thing that was supposed to remove most public records and tax liens from credit reports went into effect last month and I was kind of hoping it would at least get removed from my credit reports. It's been haunting me since 2003. They can't even legally collect it anymore. But it is still lingering in the form of a credit ding. EQ and EX have removed it, but not TU.

We're moving next year because our landlord has raised the rent to where it's very unaffordable and I'm trying to get my credit to look as respectable as possible to landlords. We've never been late on rent anywhere, but some places still turn us down because of credit issues. I have a feeling a massive tax lien wouldn't look good to them, even if it IS uncollectible now.

[RobertEG]

The CRA administrative removal of tax liens under the provisions of their National Consumer Assistance Plan applies only to tax liens that do not show the name, address, and at least the SSN or DOB of the consumer.  If the public record included that basic information, the CRA plan does not require deletion from your credit report.

Additionally, the National Consumer Assistance Plan mandates removal if the CRA has failed to verify the public record posting within the last 90 days.  Thus, it is possible that one CRA has a recent update, while another does not.

FCRA 605(a)(3) sets the exclusion period for tax liens as no later than 7 years from the date paid.

An unpaid tax lien has no statutory exclusion date.

[Anonymous]

I know, but both EQ and EX removed it, so I figured maybe it didn't include that information. I don't even know how to find out without going to the courthouse, which would be difficult for me since my husband uses our only car for work and never has time off on weekdays.

[RobertEG]

Perhaps one CRA has not conducted a review of the public record posting within the last 90 days, and thus removed for that reason.

Or perhaps they simply granted a voluntary removal.

Regardless, removal by one CRA is not basis for requiring removal by all.

Any assertion of a required removal must still be based on some provision of statute, reg, or CRA policy compliance.

[Anonymous]

Alright. Maybe I'll try again in the future and see what happens. I'm grateful the other two removed it at least.

Thank you.

[Anonymous]

TU also is the only one who didn't remove mine either. But it's coming off next may. I hopefully can do a EE in December.

[Anonymous]

I am filing a complaint with the CFPB. No idea if it will help or not since I can't find out for sure if my personal information (SSN or DOB) is avialable with the public record, but fingers crossed. 

In fairness, my scores didn't really go up at all when the record was removed from EQ or EX, however if a lender or landlord looks closely at my reports instead of just going based on score, it could still hurt me.

[Anonymous]

FYI most times the amount of these liens are outrageously overstated and the tax liability would be greatly reduced by simply filing the correct taxes for the period.

What happens is the government files FOR you using nutso assumptions but you can actually file showing the 'real' numbers...they "guessimate" based upon your 1099 status or licensing that you made X amount or will see 2 good months and assume said income for the entire year.

Too often ppl see the lien and just give up obviously 2003 is crazy late for the OP but as a heads up to others try to minimize your damages by simply filing the taxes
Take your 1099-Trump/Buffet deductions, deductions the government guessimate doesn't give and again most times your liability is greatly reduced.

* One more thing, it shouldn't take a person too long to figure taxes aren't being taken out of one's wages...
We have to adult up and be responsible for ourselves.

If you paid $600/wk how many weeks can you get the $600 w/o realizing there are no taxes being taken out....let's not play coy
If you live in a State with sales tax, you're not going a day w/o noticing whether or not tax is being added to your purchases....you can't go too many paychecks w/o noticing taxes aren't coming out