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Q: paid tax liens removed from credit reporting agencies in new york state ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: paid tax liens removed from credit reporting agencies in new york state
Category: Miscellaneous
Asked by: beac1-ga
List Price: $50.00
Posted: 22 Oct 2002 12:00 PDT
Expires: 21 Nov 2002 11:00 PST
Question ID: 88145
does a paid tax lien get removed under new york state law at five years , not 
seven.

Clarification of Question by beac1-ga on 22 Oct 2002 14:53 PDT
the question relates to credit reporting agencies and what new york
state law calls for in requiring the removal of a paid tax lien after
five years instead of the usual seven years in other states.

Clarification of Question by beac1-ga on 23 Oct 2002 06:17 PDT
I was interested in the tax lien question because a financial advisor
on some show made specific reference to the tax lien question and
stated it was 65 years after they were p[aid for ny residents.but no
cite or reference..
Answer  
Subject: Re: paid tax liens removed from credit reporting agencies in new york state
Answered By: nellie_bly-ga on 23 Oct 2002 09:28 PDT
Rated:5 out of 5 stars
 
Hi-

I have verified the information posted in my comment through telephone
calls to both Equifax and Trans Union credit reporting agencies:

In New York State, a released (paid) tax lien remains on a credit
report for seven years from the date paid.

I found nothing that would provide a clue why anyone would have said
it remains for 65 years. Under the federal Fair Credit Reporting Act,
it appears that longest time any transaction appears on a report is 10
years.

Nellie Bly

Request for Answer Clarification by beac1-ga on 23 Oct 2002 09:41 PDT
nellie , I meant 5 years. I to tried transunion and a suoervisor told
the person on the phone that it was 5 years, while equifax said 7 .
as in a consumer debtany other resources for verification would be
useful thanks.

Clarification of Answer by nellie_bly-ga on 23 Oct 2002 11:40 PDT
Hi --

I have talked with the Public Relations departments (at the VP level
at two of them) of Equifax, Trans Union, and Experian; all say the
time limit for a paid tax lien in New York State is seven (7) years.

Here's some additional information from the NYC Consumer Affairs
Department:
http://www.ci.nyc.ny.us/html/dca/html/credit.html
The federal "Fair Credit Reporting Act" uniformly applies nationwide
to all credit reporting agencies, credit reports and credit report
users. New York's law is almost identical to the federal law, but it
is in some ways tougher than the federal law. The New York law,
however, generally applies fully only to credit reporting agencies
operating within New York State. While it is not clear exactly to what
extent the New York law applies to credit reporting agencies sending
reports to New York from outside the state, if you are a New York
resident, you can at least assume that the New York law covers reports
about you sent to a report user in New York

But accurate information--however damaging--cannot be removed by
anyone until legal time limits have expired. The legal time limit for
reporting information and other requirements covering credit reports
are governed by theFederal "Fair Credit Reporting Act" and the New
York State "Fair Credit Reporting Act."1 The legal time period for
reporting bankruptcies in credit reports is ten years, while the legal
time limit for reporting other adverse information is seven years.

I talked with someone in the tax division of the NY Attorney General's
office (after 15 transfers and 20 minutes on hold)who said 7 years,
but I don't trust his authority.

I've got a couple of other calls in, but it's being New York, it may
take a while for a response, if one is ever forthcoming.


Just to be sure:
We are talking about "consumer" credit here, not business, correct?
Because the time limit for a business report, according to the
Experian web site (noted in the comment) is four years and nine months
from date of payment.
And that might require more research.

I'll get back to you as soon as I have more information.

Nellie Bly

Clarification of Answer by nellie_bly-ga on 23 Oct 2002 13:29 PDT
Another "verification."   The Public Affairs person from Experian
checked with their legal department. She says it's "certain" that in
New York the reporting time is seven years and that I could quote her
on that.

Nellie Bly

Clarification of Answer by nellie_bly-ga on 24 Oct 2002 08:26 PDT
Hi-

One more verification came through that the time limit for a paid tax
lien is seven years...   the citation is New York State General
Business Law Section 380-J paragraph 3.

Thank you for your rating.  I'm glad the information was useful.

Nellie Bly
beac1-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: paid tax liens removed from credit reporting agencies in new york state
From: nellie_bly-ga on 22 Oct 2002 21:51 PDT
 
Hi Beac1--

I'm posting this answer as a comment because I'm not 100 percent
certain it is correct.  I hope to verify the imformation by telephone
during business hours tomorrow.

It appears that while satisfied judgements and paid collections in New
York are no longer reported after five years, there is not a similar
time limit on paid consumer tax liens. Meaning, therefore, that they
are reported for seven years as per federal law.

Tax liens remain on a business credit report for four years and nine
months from the date they were filed, whether released or not,
according to Experian (formerly TRW).

Here are several citations I found about tax liens and credit reports.
I spent a significant amount of time trying to find other mentions but
without success.


http://www.creditinfocenter.com/creditreports/cr_time.shtml
"Tax liens stay on 7 years from the date PAID."

Some other rules to keep in mind:
The length of time a negative mark can stay on your credit report
starts from the time you were late or the late payment went into
collection, not from the last time you made a payment on the account.
Some collection agencies update their reporting status on you to keep
the account active with the bureaus to extend the time the account
appears on your report. Very crafty and underhanded of them, because
most often the account is updated and the period of time the account
is active appears to be extended. Challenge this! If you do, bureaus
will correctly removed 7 years from origination. Period. In other
words, paying a collection will not keep it on your credit report for
a longer period of time if you are diligent.



http://www.cdsw.com/FAQ.htm
As a general rule, information remains in the credit file for 7 years
from the date of last activity or the date the document was filed with
the courts.  Some of these items are:

TransUnion
Closed or Paid accounts. 
Accounts sent to collection or charged to profit and loss (charged
off).
Legal records such as judgments and tax liens (this includes child
support judgments).

Bankruptcy Chapter 13 will remain in the file for 7 years.

When accounts reach the time limit listed above, they are
automatically purged from the credit file. No action is necessary on
your part.

* New York state residents only: satisfied judgements remain in the
credit file for 5 years from the date filed: paid collections will
remain on file for 5 years from the date of last activity with the
original creditor.

NYC Consumer Affairs
http://www.ci.nyc.ny.us/html/dca/html/credit.html
In New York State, information about a judgment that was satisfied 5
years after it was entered cannot then be reported after that 5 year
period.

Equifax
http://www.credit-reports-equifax-experian-transunion-trw.com/credit-report/Equifax-credit-report.htm
Courthouse Records
Remain for 7 years from the date filed, except:
Bankruptcy-Chapters 7 and 11 remain 10 years from the date filed.
Bankruptcy-Chapter 13 non-dismissed or non-discharged remains 10 years
from the date filed.
Unpaid tax liens remain indefinitely.
Paid tax liens remain for up to 7 years from the date released.
Paid or unpaid judgments remain on file 7 years from the file date.

New York State Residents Only: Satisfied judgments remain 5 years from
the date filed, paid collections remain 5 years from the "date of last
activity".


Experian (formerly TRW)
http://www.experian.com/business/liens.html
When a tax lien is paid or otherwise settled – and the government
agency reports the payment or settlement to the courts – the lien is
considered "released." Tax liens remain on a business credit report
for four years and nine months from the date they were filed, whether
released or not.



Advice on Correcting Your Credit Report
If you find any factual mistakes or out-of-date information in any of
your credit reports, you should contact the  credit bureau
immediately, in writing, using certified mail with a return receipt
requested to show when you sent the letter and when it was received.
Under the Fair Credit Reporting Act, the credit bureau must
investigate your dispute within 30 days. Once the agency receives your
inquiry, it will check with the creditor whose information you are
questioning. You should receive a written notice telling you the
results of the examination within five days of its completion, as well
as a copy of your corrected credit report if it has been changed
because of your complaint. If you win your case, the creditor is
required to notify the other credit agencies so they can correct their
records.


search strategy: new york tax lien credit report,  "new york state"
"consumer credit" "credit report" , "new york state" "tax lien"
"credit report"

Once I've verified this information, I'll submit it as an answer,
unless you need something additional.

Nellie Bly

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