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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default When Does a California Tax Lien Expire

    On 3-10-2011 I received a "Balance Due Notice" from the State of California's Franchise Tax Board for a tax liability in the year 1998, yes 1998. When I contacted them they informed me that they, the FTB filed a lien against me which was recorded on 12-15-2000.

    There is no "extension" on the lien filed with the County in which the original lien was filed and I asked them if there was and they indicated no, they did not file an extension.

    Two questions.

    1) Is the debt itself still due and enforceable? What is the statute of limitations?

    2) Since there is no extension of the lien are they not able to report this lien to
    TransUnion, Experian and Equifax? They never previously reported this lien to any CB. Therefore, it does not show on my credit reports.

    I don't live in the State where the lien is nor do I own property there so I am not worried about them attaching any assets or properties.

    Would appreciate some information on this. My main concern is that they don't report to any CB's. All of my scores are above 780.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,368

    Default Re: When Does a California Tax Lien Expire

    Pursuant to the government code,
    Quote Quoting California Government Code, Sec. 7172.
    (a) A state tax lien continues in effect for 10 years from the date of its creation unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of its creation unless a notice of state tax lien is recorded or filed as provided in Section 7171.

    (b) When a notice of a state tax lien is recorded or filed as provided in Section 7171 before the lien is extinguished pursuant to subdivision (a), the lien continues in effect for 10 years from the date of recording or filing the notice of state tax lien unless it is sooner released or otherwise discharged, and is extinguished 10 years from the date of recording or filing the notice of state tax lien unless it is extended as provided in subdivision (c).

    (c) A state tax lien may, within 10 years of the date of the recording or filing of the notice of state tax lien or within 10 years of the date of the last extension of the lien, be extended by recording in the office of the county recorder of any county or filing with the Secretary of State a new notice of state tax lien as provided in Section 7171, and from the time of such recording or filing the lien is extended for 10 years unless sooner released or otherwise discharged.

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