In a nut shell all you have to do is place a Freeze on your LexisNeiss credit report and Tax liens and other public records can not be verified.
Verification according to Black’s Law Dictionary is “… averment that the party pleading is ready to establish the truth of what he has set forth.” Also, it goes on to say, “The examination of a writing for the purpose of ascertaining its truth; or a certificate or affidavit that it is true.”
The court said “Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition.”McDonald v. Rosengarten, 134 111. 126, 25 N. E. ; and Summerfield v. Phoenix Assur. Co. (C. C-) 65 Fed. 296; and Patterson v. Brooklyn, 6 App. Div. 127, 40 N.Y. Supp. 581.
To break it down into language you can understand, verification is sworn testimony. It can be testimony in a deposition or in court or an affidavit. The only testimony that is admissible is testimony from a witness with First Hand knowledge. A court clerk does not have first hand knowledge nor does the county recorder, nor does anyone at the credit bureaus, nor does Lexis Nexis, the main public records source for the credit bureaus. If someone verifies but they don’t have first hand knowledge, then its not verification, its Hearsay. And hearsay is inadmissible and the court says its incompetent.
This is a major puzzle piece in figuring out how to go at the bureaus and get your public records removed.
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A tax lien is a public record. There are vast amounts of public records, many containing the same names or similar names of consumers. The potential for errors in public records is enormous as information is passed to and from bureaucracies, court clerks and courthouses. Errors are rampant in public records. As you know you can dispute any error in your credit report under FCRA rules.
Simply disputing a public record error on your credit report may mean it gets deleted. The credit reporting agencies have 30 days to investigate a dispute. Bureaucracies are almost always slow to respond. The key to disputing a tax lien is to dispute a specific error.
Dispute one error at a time as you want to preserve any other errors for possible future disputes in case the first dispute does not result in a deletion. The IRS is slow, I doubt they respond to the credit reporting agencies’ request to investigate an error within the FCRA’s allotted 30 days. You are home free if the IRS fails to respond.
What if the Tax Lien is Re-Inserted
Negative credit items deleted because the furnisher of the information does not respond within 30 days can be re-inserted at a later date. Should the tax lien be re-inserted, the FCRA, Section 611 requires a notice to the consumer not later than (5) business days after the reinsertion. Were you notified? If not, dispute that violation with the credit reporting agencies and request immediate deletion.
Another, more lethal strategy would be to refer to FCRA Section 609 and request from the credit reporting agencies “the source of the information.” In other words request copies of the documentation used to verify the tax lien. Valid proof from the “sources of the information” is required. If they cannot provide that information, the tax lien must be deleted.
Pay the tax lien in full and get it removed
The IRS announced a change in how they deal with delinquent taxpayers. Consumers with delinquent taxes can pay a tax lien, under $25,000, in full or agree to a direct debit installment agreement and the IRS will direct the credit bureaus to remove the tax lien from your credit reports. Read more about paying IRS tax liens and having them deleted from your credit reports.