Legal Question in Tax Law in California

State lien Release

There are 2 state tax liens from 1992 and 1993 on my credit report. The credit agency said if I lived in CA I could get them released because of the 10 year statue of limitation, but since I live in NV it could go on indefinitely. How can I get them released. I am a widow and they were put on when my husband was alive, I have no idea why or what they are for, but they are old and I want them off.


Asked on 5/05/05, 8:41 pm

2 Answers from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: State lien Release

CA does not recognize a statute of limitations for collecting unpaid taxes. The 10 year statute of limitations discussed by the credit agency is likely the federal statute of limitations.

There are two issues here - the first is whether or not the liens may be included on your credit report; the second is whether or not the liens exist.

I have not researched the issue but I believe that credit reporting agencies are required to remove derogatory entries that are older than 7 years old.

However, if you want to get rid of the liens in CA, you will need to negotiate with the CA tax agency involved, or hire someone else to do that for you.

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Answered on 5/06/05, 12:19 am
Joel Selik www.SelikLaw.com

Re: State lien Release

Your CA tax liens do not have a limitations period.

JOEL SELIK Attorney at Law

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 5/06/05, 5:20 am


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