Showing posts with label stay. Show all posts
Showing posts with label stay. Show all posts

Friday, November 29, 2013

How Long Do Paid and Unpaid Tax Liens Stay on Your Credit Report

Yesterday we talked about tax liens, how they work and what they do to your credit scores. Today we are going to talk about how long tax liens remain on your credit report and how to get them removed. If youre coming in late and want to start at the beginning, I am including a link to yesterdays post at the bottom of this one. Youll also find a link in the right-hand column.

Ok, moving on.

How Long Do Tax Liens Stay On Your Credit Report?

If youre even the slightest bit credit-savvy, you already know that the vast majority of negative information, such as collections, foreclosures, Chapter 13 bankruptcies, etc., must be removed from your credit report after seven years. There is no extension period. The reporting period is the reporting period. Once it expires, federal law requires the credit bureau to remove the obsolete item.

Sometimes tax liens adhere to this rule and sometimes they dont. It depends on their status. Lets look at what the Fair Credit Reporting Act has to say about tax liens:


Information excluded from consumer reports.  Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: ....
...Paid tax liens which, from date of payment, antedate the report by more than seven
years.

Sounds promising, right? Seven years of credit damage and then youre done. But not so fast...Read that one more time. It says paid tax liens. A paid tax lien will be on your credit report for seven years from the date you paid it off. That means, if youre making payments, the clock doesnt start on the credit reporting period until you make that last payment.

But tax liens arent like collection accounts. You cant just ignore a tax lien and expect it to fall off your credit report in seven years.

How Long Do Unpaid Tax Liens Stay On Your Credit Report?

Government debts have this nasty habit of not adhering to the standard seven-year reporting period for debt, and unpaid federal tax liens are no exception. How long do they stay on your credit report? Are you ready for this?

There is no set reporting period for unpaid tax liens on your credit report. 

Tax liens are starting to smell a whole lot like defaulted federal student loans, arent they? So, theoretically  if you leave your tax lien unpaid, it can stick around on your credit report forever. Of course, that doesnt happen. The credit bureaus will begrudgingly remove those old, unpaid tax liens after about 15 years. Because the time frame is so long, youll have to keep a close eye on your tax liens. Theyre likely to get overlooked when removal time rolls around. Yes, I know its done via computer, but that computer system seems to make heinous mistakes on a regular basis, so betting the farm that the credit bureaus will remove your tax lien after a pre-set period of time isnt wise.

An unpaid tax lien is a prison sentence for your credit.


I dont know how successful a dispute would be. Ive never worked with anyone who attempted to dispute an old tax lien as obsolete after 15 years, so I cant tell you whether the credit bureaus would be quick to remove the item or whether theyd shoot back with "unpaid tax liens can remain on your credit report indefinitely. There is no reporting period." and then let those liens hang around for an extra six months or so before quietly deleting them from your credit history.

The Ten-Year Statute of Limitations for Tax Debt

Please dont get the 10-year statute of limitations for tax debt confused with the credit reporting period for tax liens. I see this a lot. The 10-year statute of limitations for tax debt refers to the amount of time the IRS has to enforce its lien (i.e. seize your assets). It has no bearing whatsoever on credit reporting periods and how long a paid or unpaid tax lien will remain on your credit report.

Related Posts:

What Does a Tax Lien Do To Your Credit Score?

Can a Collection Agency Take My Tax Refund?
ReadThe RestEntry..

Saturday, August 17, 2013

Why Should You Stay Away From Payday Loans


A little hard work and spending wisely can save you from falling in the clutches of payday loans.

Here are some reasons how you can stay away from payday loans:

Paying off Debts in Time
You can always maintain post-its on your fridge to constantly remind you of the expenses you have to pay off. Keeping track will help you cut down unwanted and unnecessary expenses. This will help you to manage your budget, in return helping you to take no additional loan.

Extra Source of Income
If you can think of a way to earn some extra money every month, this will help you in paying your debt payments. If you are good at arts or crafts, try selling your work online. Your talent and interest in something will definitely help you earn more money.

Minimal Use of Credit Cards
Credit cards can look helpful, but they actually lease you money for some time. Credit card payment delays result in high rate of interest, and you end up paying more than you have actually spent. Keep credit cards aside, if there is no need.

Understanding Your Debt
Debt is a problem. Creditors are here to lend you money for an unexpected expense. But, if continue to opt for payday loans for clearing your other debts, you are landing in trouble.

Interest Rates on Your Debt
Whenever you are applying for a payday loan, you must understand that the help for money comes with a huge interest rate. If you do not pay the loan amount in time, you will fall in an endless loop of debt.

Additional Fees you should be Aware of
You will be charged additional fees in cases of spending more than your limit, overdrafts or paying late. With payday loans, this fee will come as a surprise package if you fail to pay on time. This will ruin your chances of clearing off debts on time.

Just Paying Minimum Amounts
If you think that you will get rid of the payday loan by paying in small amounts, you are wrong. You have to return the complete amount with interest in one time or as per the creditors guidelines. If you plan to pay in breaks, you will be charged more.

If you have started second income plan, this does not mean that you should upgrade your lifestyle as well. You should be able to keep and manage finances only if you control your expenses.

ReadThe RestEntry..

Saturday, May 25, 2013

AUTOMATIC STAY IN BANKRUPTCY

Automatic stay is a legal document produced by the court, which is used to stop the debt collectors and collection agencies from taking away the property of the debt defaulters. Once a person files for bankruptcy, the automatic stay comes into play. In certain situations, automatic stay helps the debtors to protect their property. If a debtor files for Chapter 13 then the co debtors, also get the benefit of automatic stay.


Automatic stay has many advantages. It helps the stops the creditors form certain actions. They are:

  • Automatic stay stops the collection agencies from making collection calls to the debtors.
  • They prevent the creditors to repossess the valuable property of the debtor.
  • Automatic stays also prevent the "foreclosure sale".
  • It even stops the creditors from filing lawsuit against any debtor.

What is the duration of automatic stay?


Automatic will remain as long as the judge wishes. It will remain until and unless a debtor gets a discharge. Automatic stay prevents the debtor from foreclosure. As soon as the arrears are discharged, the lenders have the right to proceed. And in case of Chapter 13, the automatic stay remains during the total period.


If automatic stay is violated


If the automatic stay is violated then court send notice to the creditors. But court took few weeks for this and in that time, if any creditor files any case against any debtor then the filing is considered as an invalid one.


Benefits of automatic stay


Foreclosure – Automatic stay can stop foreclosure of the debtors property thus helps the debtor to retain their property. However, once the automatic stay is lifted, the creditors are ready to proceed.


Eviction – In this case, automatic stay can also help a debtor to some extent. But according to the new federal law, if any case of eviction is already going, then the automatic stay could not help that debtor.


Wage garnishment – Wage garnishment can also be prevented through wage garnishment. As per rule, only one forth of the salaries is permissible to use for court judgment.
ReadThe RestEntry..