Legal Question in Tax Law in Georgia

Filing a Fi. Fa. Lien

The Georgia Department of Revenue filed Fi. Fa. Lien affecting my credit rating after verbal assurances they would not do it.

When I was notified of the outstanding tax amount, I filed a protest to have the amount assessed properly. The agent ignored my properly filed protest saying it was 'a stalling tactic'. I contacted taxpayer assistance which informed Ga. Dept. of Rev. that they could not ignore a properly filed protest. The agent then agreed to meet with me to settle the tax amount. I brought the information to the Ga. Dept of Revenue and they adjusted the amount due. I paid the adjusted amount. All the time the Revenue agent was telling me they were not going to file a Fi Fa. lien unless I did not abide with the arrangement. I did abide by our agreement and made payment in a timely and proper fashion and did not think about the issue, which took place in 2005, until recently. I was contacted by a financial institution which informed me that the Ga. Department of Revenue, in spite of the agents word, in fact filed the Fi. Fa. lien anyway. The agent I negotiated with will not return my call. This filing has effected multiple financial transactions and last for 14 years on the credit system. Can a state agency do this?

Asked on 4/02/07, 3:39 pm

1 Answer from Attorneys

Robert Thompson J. Robert Thompson Attorney
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Re: Filing a Fi. Fa. Lien

In theory, no. In practiality, they do what they want.

The FiFa should not have been filed, and may give an action for slander of title against the Dept. of Revenue. It should certainly be released in response to a written demand.

Your problem is going to be proving that an agreement was reached as to the amount owed, and that you paid the agreed amount prior to the filing of the FiFa.

Do consult a litigating attorney before attempting (or even threatening) any legal action.

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4/02/07, 4:32 pm

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