[abarn]

Am trying to get 3 unpaid 10-year old state tax liens removed from CRA files. Required period to be classified as extinguished and thus unenforceable, by state law, has clearly passed.

Is proof to CRAs that the 2 10-year old liens are merely "legally extinguished" sufficient to get them removed? If so, what docs would suffice? If not, is a Release of Lien the only way to get it removed? And do states ever issue Release of Lien, upon request, when debt is clearly extinguished/unenforceable?

[Enigma]

In general, tax liens are not "legally extinguished" unless paid. However, that will be governed by your state laws.

Look to section 605 of the FCRA for your answer. In part, paid, notice the word paid, tax liens can stay on your CR for a period of seven years after payment.

You will need to prove that the tax lien was extinguished by the running of your state SOL. Once you can prove that, you will write a letter to the CRA informing them of such. But you will most likely be in for a fight and do not expect the state to assist you.

[abarn]

Sorry, but I'm learning the lingo. What is meant by "running of your state SOL?"

[Enigma]

Originally Posted by abarn

Sorry, but I'm learning the lingo. What is meant by "running of your state SOL?"

SOL = Statute of Limitations

Example - Your taxes were due on April 15, 2006, you failed to pay them. As of April 16, 2006 you are delinquent. The April 16, 2006 is what is called the trigger date. Suppose the SOL is 10 years. From April 16, 2006 plus 10 years, the tax authority has that amount of time to recover the delinquent tax payment. On April 16, 2006 + 10 years + 1 day, the tax authority can no longer use the courts to collect the taxes.