11-27-2012 12:45 AM
My husband recently pulled his credit report and one of the items on there is a tax lien from the state of New York from 2005. He had never received any notice or otherwise heard about it.
But here's where it gets sticky. He used to live in New York but lived in Florida from 2001 until last year. Obviously he filed taxes in Florida (no state tax) though he may have filed late. It's not on his credit report but he apparently also owes back payments to New York unemployment for that same year even though he never applied or received it -- that year. He had received it a few years prior. (He found out years later before he knew about the tax lien when a letter arrived at his parents' home in New York. His dad has the same name plus a sr. He lived in Florida at the time.) My husband separated from his wife that same year of the tax year in question, and she did a number of shady financial things we've already had to repair including paying off a credit card he never opened, as well as some shady tax stuff where he also has IRS liens. We suspect she filed and claimed the unemployment. In fact I believe he was in a treatment program during a period when checks would have been collected. The checks also went to a post office box even though he never had one. It's been so long this would probably be tough to prove now though.
So how can he contest this state tax lien? It's overwhelming to even think of where to start. Years ago he tried to go to the police station and file a report for identity theft/fraud when he learned about the unemployment, but they wouldn't take one. Can't recall why. Any tips appreciated.
11-28-2012 01:00 PM
Oh boy. I am not that familiar with tax liens. My suggestions would be
1. Find out if a SOL would apply.
2. Find out if he can file an "injured spouse" claim.
Do you know where the X wife is now?
11-28-2012 01:46 PM
She now lives in PA. He knows where she is but the relationship is contentious at best. We don't want to contact NY until we know how things work unless it starts some sort of appeal clock or the like that we are not aware of ticking.
11-29-2012 08:37 AM
NY State is a beast! They missapplied my payments, and hit me with a tax lien, and won't remove the lien, even after they realized it was their error.
I'd dispute the lien thru the credit bureau. If it comes back verified, you can request a MOV - Method of Verification. Also, have you checked Land Records in the County where it may have been filed? I believe the tax lien should appear there. But the only way to really find out is to deal with the State.
As far as the unemployment your husband, may be able to talk to someone at the State agency to see if they have records of deposits and to what account. You may want to see if you can a record thru USPS as to what name(s) was listed to the PO Box, and if there is an application on file.
11-29-2012 09:32 AM
Anyone? The short question is how do you dispute a NY state tax lien you don't feel you owe?
Has he called the state yet?
09-27-2014 10:11 AM
No, he hasn't called the state yet. Not sure if he needs to start by disputing the unemployment that the taxes are likely based on.
Did you ever get this sorted out? Im trying to get released Florida tax liens removed from my CR right now.