@Anonymous wrote:I paid off the lien in January of 2015. I got some sort of release letter and filed it with the local clerk of courts. The lien shows as being paid. Was there a separate form I should have gotten?
Nope that was it. however they should've removed the lien since it was paid. If not you will need to file a motion to vacate which is another process in itself.
here's a sample letter
IN THE SUPERIOR COURT OF THE STATE OF Ohio
IN AND FOR THE COUNTY OF Franklin
[The Original Plaintiff] Plaintiff,
vs.
[YOU] ,
Defendant.
No. [COURT REFERENCE NUMBER]
MOTION AND DECLARATION TO VACATE JUDGMENT
NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons:
1. Relief requested. The defendant(s) move(s) the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard.
2. Statement of facts and issues. This motion is based on the following grounds: (Enter your reasons: you weren't properly served, the judgment was entered even though you filed the right paperwork)
Dated: .
______________________________
Defendant(s) (Signature)
Defendant(s) Name (Print)
Address
Telephone Number
DECLARATION
I, [my name], declare as follows:
1. I am the defendant in this unlawful detainer action.
2. I request that the judgment entered in this action be vacated for the following reasons:
Give your reasons: A) the collection agency never responded to my request for validation, therefore never giving any proof that the debt was mine under the FDCPA. B) The amount of the debt exceeded the state's usury interest limits
I certify under penalty of perjury under the laws of the state of YOUR STATE that the foregoing statement is true.
Signed in [CITY], [STATE] on [DATE].
__________________________________ Signature
Print or Type Name
you will need to file this with the court that placed this on you not sure what county ur in so. You will also need to make sure to send notice to the tax office that filed the lien on you. basically a copy of what your filing in court with CMRR
@Anonymous wrote:I'm sorry... I really appreciate all the help, but I'm a little confused about this lien business.
Looking at the credit report again, it looks like the lien was actually filed in 11/2012 in the amount of $2554. My wife and I only found out about it in January of 2015, and it was $25 then. I don't remember paying any other money towards any kind of lien or even that the lien was filed. We paid it immediately, and filed the release letter with the clerk of courts and paid a $75 filing fee.
I think the $2554 was the total amount owed, and I believe the original amount was $1800 which was paid before the lien was filed, but not before more interest and penalties were added on. I paid the additional amount to the same place as the original amount. I'm guessing the additional amount must have been $25 short but I didn't know that.
I don't really dispute the amount, but I don't really know what to say in the letter.
from what it sounded like to me is that you didnt get notification of the lien being filed and that would be my reason for a motion to vacate. Since it is paid the likelihood of them contesting it is slim to none and thus it should be a default win for you. There are sample letters pretty much everywhere that you can get online with the parts that you will need to change. some of the links are in other forums and I didnt want to post it so I copied and pasted it one. you can also retain an attorney for a fee to file the motion for you but at an obvious expense. Keep everything short and sweet...where it says "reason for motion" state you did not receive notification of proceeding. something to that effect. I dont know your county or any other info so not sure I can be of additional help...hopefully it was useful to you.