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Albany NY State Tax Lien DELETED

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RobertEG
Legendary Contributor

Re: Albany NY State Tax Lien DELETED

The NYS provision for exclusion at 5 years only applies to paid judgments, collections, and charge-offs.

It does not apply to tax liens. 

 

The paid tax lien exclusion modification under the NYS code applies only to very specific situations involving a purchaser, transferee or assignee in bulk sale transactions.

 

As a related matter, the CRAs have recently begun an internal review process of removing some tax liens if they lack adequate identification of the consumer's DOB or SSN under a consent agreement in pending litigation titled Jenkins v. Equifax. 

 

New York State  General Business Law Section 380-j

“(f)(1) Except as authorized under paragraph two of this subdivision, no consumer reporting agency may make any consumer report containing any of the following items of information.

(i) bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years;

(ii) judgements which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;  or judgments which, from date of entry, having been satisfied within a five year period from such entry date, shall be removed from the report five years after such entry date;

(iii) paid tax liens which, from date of payment, antedate the report by more than seven years or, a paid, satisfied or vacated tax lien involving a purchaser, transferee or assignee in a bulk sale transaction who has been deemed liable by the state tax commission for sales taxes due from a seller, transferrer or assignor under subdivision (c) of section eleven hundred forty-one of the tax law, where the receipt by a credit reporting agency from such purchaser, transferee or assignee of a notice, or true copy thereof, from the state tax commission to such purchaser, transferee or assignee that his liability has been wholly paid or satisfied or no longer exists, antedates the report by more than thirty days;

(iv) accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;  or accounts placed for collection or charged to profit and loss, which have been paid and which antedate the report by more than five years; “

Message 11 of 12
Anonymous
Not applicable

Re: Albany NY State Tax Lien DELETED

Thanks for the clarification.

Message 12 of 12
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