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Posted: Mon Nov 12, 2007 2:38 pm Subject: Judgement Question |
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I have neglected a negative item on my credit report because I was not sure how to address it. Back in 2000 (roughly), I owed about $350 for state income tax (New York). I was waiting to get some kind of statement, but I only received a copy of a judgement. My question is, shouldn't I have received something before a judgement? A summons or something? It was a long time ago, so I don't remember what, if anything, I received.
I don't know why I never addressed the issue before, but now that my negative debt is cleared/paid, I wonder if there is anything I can do about it. I paid it in full immediately and it is indicated as paid in full.
Suggestions?
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waterbug811

Joined: 01 Jun 2007
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Posted: Mon Nov 12, 2007 8:14 pm Subject: Judgement question |
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Yes, you should have received a summons to appear in court from my understanding. I have an old judgment on mine, that when I filed bankruptcy, I didn't run a credit report, and saw it on there. I was never served. By the time I realized it, I already filed bankruptcy and included the debit in my bankruptcy. Since it was several years before I looked at my credit report again, and didn't realize it was on there till I applied for credit, my layer told me I could file an amendment with the courts, but it might mess with the dates. It falls off in August of next year, so i'm just going to let it fall off. If they decide they want to peruse it again, then I'll show them I included it in my bankruptcy. But I was never served, and I've been at my place of employment & where I live for 9 years, so it would be easy to find me. I'm surprised they didn't take your state taxes. I know here, they do
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beli301
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Posted: Mon Nov 12, 2007 9:23 pm Subject: |
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I'm not sure since it is the government that is doing this. I am sure someone will be around who knows the proper answer.
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FYI
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Posted: Tue Nov 13, 2007 6:20 am Subject: |
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Just hang around......sumone will be here to help u
Take care
Nelly
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goodnelly
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Posted: Mon Dec 24, 2007 9:46 am Subject: |
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So I sent a letter to the state taxation offices and this morning someone called me to explain the situation. He said that because I had made a payment installment arrangement for that debt and then failed to pay, the judgement was automatically entered. I asked if there was a required court proceeding or service of papers and he said no...I guess all that is in the fine print I never read. He said it is good that the judgement is recorded as satisfied and it stays on a report for 7 years (so I am looking at 2011...yuck).
He was really sweet and explained it thoroughly, wished me Merry Christmas and all. I am disappointed that it has to stay on there, but at least someone took the time, on Christmas Eve no less, to respond to my questions.
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waterbug811

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Posted: Mon Dec 24, 2007 11:50 am Subject: |
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Anything tax or federal related doesn't need a court injuncture to get a judgement or garnish wages/withhold taxe refunds.
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Posted: Mon Dec 24, 2007 11:52 am Subject: |
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Sorry, Forgot to log in.
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Breakthecycle2

Joined: 22 Oct 2007
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Posted: Mon Dec 24, 2007 1:29 pm Subject: |
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I'm not sure but I think you can add a statement to your credit report to explain what happened.
I know that when I applied for a loan this year I had to write a note explaining some of the things that appeared on my report. This was all I needed to get the loan.
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mommontoya

Joined: 21 Jun 2006
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Posted: Mon Dec 24, 2007 1:47 pm Subject: |
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Federal & State tax liens do not require court. If you do not pay the due debt,they file lien with the court and the information squirrels at lexis-nexis pick it up and report it to your credit report. It can stay seven years from date of payment. Most of these government agencies rarely answer disputes so if it is paid I would dispute it multiple times until they delete it. Good luck.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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cajunbulldog
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Posted: Mon Dec 24, 2007 2:40 pm Subject: |
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They got administrative law judges there "so-ordering" your agreements to pay, and part of that so-order means that they can just place the judgement on your file.
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hockeyman
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