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Need help to file Motion To Vacate a Released State Tax Lien

Chicago, IL |

I have a released state income tax lien for $676 that was released by Cook County in 2012. Im trying to get this removed from my credit report. Im trying to get a home loan, but this is keeping my score down even though it is released. I am aware of Form 12277 and 668(Z) that can be filed on a federal level to have it removed from records, but I have found nothing about this on a state level. My hope was that I could file a motion to vacate, and ask for the mercy of the court to remove this so that I can have it removed from my credit report. This will help me qualify for the home loan and give my family a better life. Is there an attorney that can help with this process or is there another way I can go about this?

Attorney Answers 2

Posted

You can do nothing about this notation on your credit report. The report indicates that the lien has been released. You cannot file any motion to remove the lien from your records which will also wipe it off your credit record. Sorry.

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5 comments

Asker

Posted

Can this not be done with the courts directly? Asking the court to vacate it and then disputing with the bureaus?

Judy A. Goldstein

Judy A. Goldstein

Posted

No

Asker

Posted

So Im basically in debtor prison for the next seven years then...

Judy A. Goldstein

Judy A. Goldstein

Posted

You are not in debtor's prison.

Asker

Posted

Well yes, I kind of am. This mistake now puts this public record on my credit reports for 7-10 years. This negatively affects my report. Since we're all debtors and at the mercy of the credit agencies, than yes, this infraction will sit on my report and affect my ability to get good interest rates, qualify for mortgages, etc until removed. Lets just say hypothetically that I was never properly served a summons for this. Would I still have no grounds with the court system to have this vacated? It seems your telling me that I have zero options with this, but many forums online have consumers posting stories of how they have had these items removed at a state level and so I requested the legal advise of the AVVO community for this item. On a federal level there are options to have this completely wiped out, so I find it hard to believe that I have no options at a state level...

Posted

There is nothing you can do to get the lien taken completely off your credit report. If you suffered some sort of hardship that resulted in your being unable to pay your taxes, you might try writing a letter to the credit reporting companies explaining what happened and the steps you took to resolve the problem. Sometimes that will help. Good luck.

info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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2 comments

Asker

Posted

Will you acknowledge that this is 100% possible with a Federal Lien?

Linda Simmons Campbell

Linda Simmons Campbell

Posted

If the IRS agrees to your request you can have the lien withdrawn but it may still affect your credit report. You would need to ask the credit reporting companies if it still factors in to their calculations. I do not know whether it does or not. As far as most states go, frequently they do not have the same rules and regulations as the federal government.

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