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    State Tax Lien

    I've just started the steps to file for bankruptcy and want to make sure that I do everything right. I have never looked at my credit report until recently where I found that a state tax lien was filed on 02/2008.

    I wasn't sure what a state tax lien was so I did some research and am under the impression that a tax lien is a result of unpaid taxes and not a general type of debt. I haven't had a job for about 3 years now, but I'm absolutely certain that when I did have a job, I paid all of my taxes. The only debt I have is from credit cards, cell phones and school loans.

    Could the state tax lien filed against me be from one of those debts or is it strictly for taxes?

    If a state tax lien is only for unpaid income/state taxes, which have all been paid, then could this filing be an error? If so, how do I dispute it?

    The credit report only states that it was filed at the San Diego County and the amount due. How would I go about finding out more information about the state tax lien filed against me?

    I tried finding answers to these question online, but nothing seems to address them directly and are also a bit confusing, so I figured I could seek help here. I would appreciate anyone's help.

    #2
    When in doubt, go to the source. If the report says the lien was filed by San Diego County, then call San Diego County. There really is no big mystery about that.

    Some counties and cities have a "local income tax", so even if you paid your federal and state income taxes, some have "local income taxes". But really, we can only speculate here. Just go to the source; for all we know, it could be an unpaid parking ticket.

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      #3
      Originally posted by ineedyourhelp View Post
      Could the state tax lien filed against me be from one of those debts or is it strictly for taxes?
      Strictly for taxes. Or as HHM said, it could be for a parking ticket. But tax liens can't be used to collect private debt. Not yet anyway.

      If a state tax lien is only for unpaid income/state taxes, which have all been paid, then could this filing be an error? If so, how do I dispute it?
      It might be an error. It might not. It can be disputed, but there may be a time limit. You need to find out what it's for and whether it's in error or not before putting any effort into disputing it.

      The credit report only states that it was filed at the San Diego County and the amount due. How would I go about finding out more information about the state tax lien filed against me?
      Call or go down to the courthouse in San Diego County or where they keep the land records and ask around.
      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

      Comment


        #4
        Thanks for your responses...

        I found out that the state tax lien was filed because of a defaulted student loan that i took out in 2001.

        from what i've read about student loans on this forum is that they do not get discharged when you file a bankruptcy (chapter 7).

        Essentially half of my total debt (22k) is from student loans and the other half seem to already fall in the SOL since I haven't paid them for over four years. I'm thinking bankruptcy isn't the best option for me because I'd still have to pay out my student loans anyway. Am I right to think this way? or is filing a chapter 7 still a better option?

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