It is not proper for law enforcement or an attorney to file papers with the court if the papers contain a person's social security number. A person should contact the assigned prosecutor and advise them of your concerns. Report Abuse HS Mr. Howard A Snader (Unclaimed Profile) Update Your Profile Answered on Aug 10th, 2012 at 3:20 PM
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There is no need for it unless there is some claim of identity theft or something. There should be some compelling reason for the other side to need a social security number and they should have to prove that reason to a court. Too much information is available once a social security number is given out.
There was a time when your social security number was protected from disclosure. However, now, the defendant is entitled to it so they can ascertain whether you received any medicare or medical benefits. If you did those liens must be satisfied from any settlement funds.
Otherwise, you will have to make an appointment and go to the lawyer's office. * This will flag comments for moderators to take action. I generally never give out a social security number. There is no need for it unless there is some claim of identity theft or something.
There should be some compelling reason for the other side to need a social security number and they should have to prove that reason to a court. Too much information is available once a social security number is given out.
Redactions in Court Filings Federal regulations require that filings made with federal courts in the US be redacted for privacy. Redaction is a method of removing sensitive data from documents that protect individuals' privacy or safety before the papers are made available for public viewing.
Redact social security numbers and taxpayer identification numbers and include the last four digits only in your petition and other pleadings. BUT, include complete social security numbers and taxpayer identification numbers on Form B21, Statement of Social Security Number(s).
Ask questions when they ask for your Social Security number. There is no law that prevents businesses from asking for your SSN. And you may be denied service if you don't give the number.
The Social Security Administration protects your Social Security number and keeps your records confidential. We don't give your number to anyone, except when authorized by law. You should be careful about sharing your number, even when you're asked for it.
Redaction is the removal of non-disclosible information from a document. For the purpose of this Report “redaction” relates only to the automated removal of social security numbers (SSNs) from electronic copies of land records maintained by circuit court clerks made available via secure remote access.
In the sample file, choose Mark for Redaction > Text & Images. Then highlight the text in the Name, Address, Telephone, E-mail, Social Security Number, and Date of Birth fields. Click Apply to remove the marked areas of content.
"Social Security numbers can be associated with multiple individuals, and that individuals can have multiple SSNs associated with them.
If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).
You can't change your Social Security number simply because your card has been lost or stolen, or to avoid bankruptcy or legitimate debts. The only other reasons Social Security will consider assigning a new number are: Sequential numbers assigned to members of your family are causing confusion.
The Freedom of Information Act (FOIA) Enacted in 1966, and taking effect on July 5, 1967, the FOIA provides any person the right to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure.
“The important thing for people to understand is that once someone has your Social Security number, particularly in combination with your name and address, they can do pretty much anything that requires your SSN,” said Brian Focht, an attorney and head of the Law Offices of Brian C.
As long as a hacker or scammer has access to other personal information such as your name and address, they can use the last four digits of your SSN (in most cases) to open accounts in your name, steal your money and government benefits, or even get healthcare and tax refunds in your name.
If an attorney gives a defendant the discovery, any information leading to who the witness is, where she lives, etc must be redacted (blacked out). Obviously this fool didn't do that. Go to the judge and tell him what happened. Ask that the lawyer be sanctioned. Go to the State Bar. Of course you;d be far better off if you had a lawyer who could report this for you. Also contact the DA in charge of your ex-boy toy's case and tell him.
Well, a defendant may request the police report from his lawyer. His lawyer is required by law to redact information like your address, social security number, date of birth, etc... If this is not done, the lawyer is guilty of a misdemeanor.
An attorney is not to give out information about a witness or a victim to the Defendant. report him to the state bar and to the DA in your case.
It is not illegal to send out the SSN. My understanding is that the police provided his lawyer with discovery material and the lawyer gave a copy of the material to his client your ex.
If an individual's social security number is required in a pleading or other paper filed in the public file, only the last four digits of that number may be used.
The responsibility for excluding or redacting identifiers identified in (a) from all documents filed with the court rests solely with the parties and their attorneys. The court clerk will not review each pleading or other paper for compliance with this provision...."
This rule creates new authority requiring the mandatory redaction of private information from court pleadings. CRC Rule 1.201 provides in pertinent part:
Examples include paycheck stubs, credit applications, canceled checks, bank or credit card statements, and tax returns containing social security numbers. Depository and investment account statements contain account numbers. Often such documents come to be filed as exhibits to declarations and contain information that impacts court's decisions and rulings.
Monetary sanctions are most appropriate, because money problems are the primary result a violation CRC Rule 1.201. If so, how much is an appropriate sanction amount? In the old west, it was a hanging offense to steal a horse because there was an inability for law enforcement to recover stolen horses.
And, teeth in the form of financial consequences needs to be added to the rule. In time, attorneys will take notice and self-represented parties will learn of this too - indeed, it would be a simple matter for the Judicial Council to add (yet another) warning that financial documents must be redacted for the court to accept them for filing.
Until January 1 of this year, custom and convention generally dictated that a family law practitioner redact all but the last four digits of social security and account numbers, and this has been how the professionals among us conducted ourselves. But statutory authority had simply provided that such information “may be” redacted by the filer without mandating such redaction (see Fam. C. § 2024.5 ), and a statute provided (for a short time) for procedures to seal pleadings containing identifying information about assets and debts. Fam. C. § 2024.6 allowed for the sealing of a pleading containing private identifying or financial information. It was held unconstitutional by In re Burkle (2006) 135 CA4th 1045, 37 CR3d 805 because the statute, allowing an entire pleading to be sealed if it contained private personal or financial information, was found to infringe the public’s First Amendment right to right to access other information that might law outside a recognized zone of privacy within the public record. Therefore, the statute was overly-broad since less-intrusive means, such as redaction, could serve the same purpose. BTW, one of the many reasons Mr. Arnold urges utilizing mediation or collaborative divorce is in order to avoid your divorce records, including unseemly accusations or your private financial information, being available to anyone under Burkle and the California Constitution.
There was a time when your social security number was protected from disclosure . However, now, the defendant is entitled to it so they can ascertain whether you received any medicare or medical benefits. If you did those liens must be satisfied from any settlement funds.
You don't have to give your SS#, but more than likely, if you don't, the other side will ask the Court to order you to and if you don't comply with the judge's order, the judge is likely to kick your case out of court. The other side is allowed to discover anything that could likely be admissible in the case. Presuming you have an injury case, almost all your medical records will be indexed by SS# and they will need the number to get those records. Your income records will be indexed that way too. The other side is entitled to get those records if you are claiming injuries and lost income. Good luck.
The answer to your first two questions is "yes". As to depositions over the phone, that is not common, but it is legal.
Conclusion#N#Documents are critical to a case.#N#Accordingly, everything should be done both to request all pertinent documents, and to compel production of such documents if the other side fails or refuses to produce them .#N#Prior to bringing a motion to compel, the propunding party should make every effort possible to resolve the dispute.#N#If, despite these efforts, the responding party refuses to produce requested documents, a motion to compel should be promptly made.#N#In this motion, the propounding party should ask that the other side be ordered to produce all requested documents, and sanctioned for not doing so voluntarily.
Documents Are the Cornerstone of Most Cases. Anyone who has ever been party to or observed a trial knows that many, if not most, cases are founded upon documents. While not all cases will have a smoking gun document such as the secret memorandum which acknowldges a vehicle can explode upon impact, almost every case will have documents ...
Many Parties Fail to Produce Requested Documents. While a party is supposed to produce all requsted documents that are even remotely relevant to any claim or defense in the case, many attorneys will routinely serve objections to document requests, and refuse to produce some or all of the requested documents. It often happens, for example, that ...
To recover for malpractice, in addition to showing that your lawyer breached a duty owed to you by failing to file, you will also need to convince the court hearing your malpractice case that it was the lawyer’s failure to file—not any failure on your part or weakness in your case—that caused the har m you sustained .
Legal Malpractice. Much of the work lawyers do involves filing various documents. Often, there are deadlines by which documents must be filed. Even when there are no fixed deadlines, a lawyer’s delay in filing certain documents can permanently impair a client’s rights. You might wonder why a simple failure to file a document “on time” could destroy ...
However, some tort claims—notably legal and medical malpractice—have shorter, one-year time limits for filing.
If your lawyer fails to file such a motion, there is no penalty other than the cost and delay of a potentially unnecessary trial. However, if an opposing party files a summary judgment motion against you, your lawyer must file a written response within the time set by court rules or by the trial judge.
The consequences of a lawyer’s failure to file documents on time can be severe. Not only can you suffer a financial loss, but you may have to wait a year or more before you receive compensation from the lawyer who failed to properly represent you. If you believe you have a case against a former lawyer, you should reach out to an experienced, full-service law firm with expertise in a wide range of legal practice areas and a proven track record of success.
Filing in a timely manner may be necessary to protect a person’s interest in a residential or commercial lease. Filing may also be necessary to protect a person’s or entity’s interest in an oil and gas lease, or in the oil and gas beneath a property.
However, your lawyer must file a notice of appeal within 30 days after the judgment is final. Failure to appeal within 30 days terminates your right to appeal, regardless of how strong your case may be.