WTH! Tax judgement out of the blue....

[Poodles585]

Ok, I am helping my mom straighten out her credit so she will be able to qualify  for a new apartment.  Anyways, we pulled her Equifax report and I noticed that two tax liens that were satisfied back in 2007 and 2008 which both totalled maybe $500 ar NOW showing up as paid judgments!  Last time we pulled her reports was back in May.  Anyone have any idea as to why they would change like this and what should we do about it?  all suggestions and comments are greatly appreciated.

Also, We live in New York State and I believe if you are a curent NYer nd you pay off a collection account it can be removed from your report after five years.  Is that correct or am I missing more information?  IF this is correct Experian CSR told me it coming off five years from the reporting date which would make one account remain after the 7 yr. limit. Example, collection agency get account in 2005 but it says its ben reported since 2010, the lady says it would stay on until 2015!  Is she crazy or am I? 

[LIGHTNIN]

Experian CSR is crazy. lol.  In NY a Paid CA is 5yrs from the DoFD. The date the CA opened the account, doesn't mean diddly squat.

Ok now on your mom's CR...Is this info on all her CR's or just EQ?

the tax liens are they state or Federal tax liens?

Judgments?  Was she summons to court? if yes,did she go to court?

Who is reporting what?  tax liens,judgments or both? 

Can you cut and paste the info here?

Sorry for all the questions, 

[Poodles585]

Thanks for the reply. I rarely get replies for my posts.

I haven't been able to get the other report as of yet.  The orginial information were both state tax liens. Both were paid for by her next tax refunds. She was never summoned to court ever in her life.And my parents has lived in the same place for almost 30 years. I've tried cut and paste the entries but its not allowing me to do it.

[Andrew22]

This happened with me as well, in NYS. I was never hit with a lien, never had any communication with anyone, just one year I didn't refund of $99 and got a letter saying the money was used to satisfy a judgment from 2007. No idea. I just let it go, because it's coming off in 2012, and all y taxes are in order. But my impression is that NYS in dire fiscal straits pretty much jammed a lot of stuff through! Also weird, was that the judgment was in a county in which i did not reside.

[sandieleslie]

Hi Everyone,

I have a NYS tax issue as well. 2 of the 3 CRAs are reporting it as a judgment and then TU is reporting it as a tax lien. I lived in NY for a few years and then moved to FL. They claim that a federal audit was performed in June 2007 and there was a discrepancy between my federal and state taxes and the IRS reported the discrepancy to them. They tried contacting me and couldnt until May 2009 when I got a letter in the mail. I called them to find out what they were talking about because the discrepancy was for the 2005 tax year. Would you believe that their process is, you have 30 days from the initial contact with them and then they file a tax warrant in Albany County afterwhich the warrant automatically becomes a judgment. There is no service to the consumers because I didnt get anything and when I called the Clerk of Court in Albany County they said all that happens is the state files the warrant and then it automatically becomes a judgment. I have since paid the judgment and I am now working on putting my documents together to attempt to get my judgment vacated on the grounds that I was neither served or notified that this was what would happen because otherwise I would have paid the amount as soon as I found out about it.

Timeline

NYS mailed me the letter May 12, 2009

I called NYS to find out what they were talking about on May 22, 2009

Tax Warrant filed on June 24, 2009

Warrant filed 30 days after I contacted them.

[LIGHTNIN]

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@Poodles585 wrote:

Thanks for the reply. I rarely get replies for my posts.

I haven't been able to get the other report as of yet.  The orginial information were both state tax liens. Both were paid for by her next tax refunds. She was never summoned to court ever in her life.And my parents has lived in the same place for almost 30 years. I've tried cut and paste the entries but its not allowing me to do it.

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Anytime you do not get a reply to your post, just post a message that says "Bump".

That will bring your thread back up to the top of the board, to get the attention of others to read and reply.

Ok, now on to business...........   Is it a state tax lien reporting? Or a Judgment?

Like the other poster said..........sandieleslie wrote: I am now working on putting my documents together to attempt to get my judgment vacated on the grounds that I was neither served.

So if it's a judgment reporting and your parents were never served  court papers, they can try to get this judgment vacated (means thrown out of court).How do I vacate a default judgment?

First, find out which court issued the judgment. (you will most likely need to go to the civil court, in the county where you live.) Next, go to the court that issued the judgment and find the civil court clerk's office. There, tell the clerk that you want to file an "Order to Show Cause." The clerk will give you a pre-printed form to fill out.

Here's two links you may like to read....................

 New York City Civil Court  on Vacating a Default Judgment.http://www.nycourts.gov/courts/nyc/civil/vacatingjudg.shtml

And another link.....How to file an "Order to Show Cause."  http://www.nycourts.gov/courts/nyc/civil/osc.shtml

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Hi sandieleslie, You may also, find the two links to the NYC civil court interesting and helpful to you.

[Poodles585]

Thanks for the reply and iformation about movng a post to the top again. As forthe so-call tax judgement, on previous reports we have which is dated 5/2011 its been reported as paid tax liens. Never as paid judgemets. I even received a email reply from NYS Taxation office when I asked the if it was possible to have satisfied state tax liens removed early. 

[sandieleslie]

Hi LIGHTNIN,

I found those sites before and actually used the interactive program that is at the bottom of the first link

[snowangel]

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@sandieleslie wrote:

Hi Everyone,

I have a NYS tax issue as well. 2 of the 3 CRAs are reporting it as a judgment and then TU is reporting it as a tax lien. I lived in NY for a few years and then moved to FL. They claim that a federal audit was performed in June 2007 and there was a discrepancy between my federal and state taxes and the IRS reported the discrepancy to them. They tried contacting me and couldnt until May 2009 when I got a letter in the mail. I called them to find out what they were talking about because the discrepancy was for the 2005 tax year. Would you believe that their process is, you have 30 days from the initial contact with them and then they file a tax warrant in Albany County afterwhich the warrant automatically becomes a judgment. There is no service to the consumers because I didnt get anything and when I called the Clerk of Court in Albany County they said all that happens is the state files the warrant and then it automatically becomes a judgment. I have since paid the judgment and I am now working on putting my documents together to attempt to get my judgment vacated on the grounds that I was neither served or notified that this was what would happen because otherwise I would have paid the amount as soon as I found out about it.

Timeline

NYS mailed me the letter May 12, 2009

I called NYS to find out what they were talking about on May 22, 2009

Tax Warrant filed on June 24, 2009

Warrant filed 30 days after I contacted them.

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I've spoken with NYS Department of Taxation and Finance multiple times.  They are the only ones who can vacate the warrant.  They do not summons you to court and papers are not served to you.  Basically when you file your state taxes, you are agreeing that you owe the money.  The only time they will vacate is if there was an error on their part - they inaccurately assessed your taxes.  

[LIGHTNIN]

snowangel, thank you for bring that to my attention. I guess, I just had the word "judgment" on the brain. LOL