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How do I remove an erroneous tax lien?

Chicago, IL |
Filed under: Tax lien Debt Tax law

Several years ago I did not file my Illinois tax return and the Illinois Department of Revenue got erroneous information from the IRS that convinced them I owed them money I did not. They then filed a lien with the Cook County Recorder of Deeds. I recently sent the Illinois Department of Revenue my tax return from the year in question with the requisite attached documentation and today received a response from them affirming that I am correct, that I do not owe them the money that triggered the lien. The lien appears on my credit report and I would like it removed. If I go to the Recorder of Deeds with proof in writing that the debt is erroneous, will this get it removed, or do I need to go through the Illinois Department of Revenue, or another entity?

Attorney Answers 5

Posted

You need to go through their department of revenue to ask for the lien to be removed and also ask them to send a lien removal notice to all 3 credit bureaus and if that doesn't work then you will have contact the credit agencies yourself. As long as you have proof it should not be too difficult. Hope this helps.

Isai Bismark Cortez, Esq. www.bismarktax.com Office 855-829-6055 DISCLAIMER: THE ABOVE INFORMATION IS NOT LEGAL ADVICE. THIS IS GENERAL INFORMATION AND LAWS VARY FROM STATE TO STATE. PLEASE CHECK WITH A LOCAL ATTORNEY OR CONTACT THE IRS OR STATE TAXING AUTHORITY WITH ANY QUESTIONS.

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Posted

Yes it does help very much, thank you.

Richard Gordon Stack

Richard Gordon Stack

Posted

The credit bureau unfortunately cannot do anything to formally release the erroneous lien. In order to accomplish that, you'll need to call the Illinois Department of Revenue (or visit its website) and request the necessary application. Be sure to follow up on the status of your application so that it doesn't fall through the cracks. Good luck!

Posted

go through the Illinois Department of Revenue

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Posted

Messrs. Brinkmeier and Cortez have given you excellent advice.

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Posted

The credit bureau unfortunately cannot do anything to formally release the erroneous lien. In order to accomplish that, you'll need to call the Illinois Department of Revenue (or visit its website) and request the necessary application. Be sure to follow up on the status of your application so that it doesn't fall through the cracks. Good luck!

The answer to this question does not establish an attorney-client relationship. Moreover, this attorney is licensed to practiced law ONLY in the State of California. Answers to questions from users in other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state to address their specific tax issue.

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Posted

You need to have the Illinois Department of Revenue release the lien. My office has assisted clients in having IDoR errors reversed and liens removed; you may want to consult an attorney to help you with the process.

Andrew B Gordon is a CPA and attorney licensed to practice law in Illinois. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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