Legal Question in Business Law in California

Thank you Ms. Ortega for your answer about the layaway plan.

Where can I read the laws pertaining to what information can be omitted when filling out various forms? More specifically, a woman might want to leave her marital status blank whenever possible so that her new husband's abusive relative would have a more difficult time finding them.

I know marital status would need to be disclosed on tax returns.


Asked on 8/18/09, 2:22 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think there are two possible consequences of leaving something blank on a form.

The first possible consequence is that the party to whom the form is being given upon completion will reject it, or fail to act on it,,,,,,,,as you may have noticed, if you try to buy something on line with a credit card and don't provide some security code, the transaction will not be processed. The same would be true of loan applications, etc. Whether the omitted information is sufficiently important to result in inaction or rejection will vary from situation to situation. I think marital status information would be material on any application involving credit or ownership of real property.

The second possible consequence is that an omission could be regarded as an attempt to defraud by concealing a material matter. Probably omitting marital status would not rise to the level of fraud, at least in most forms, because if the other party cares about it, they will pursue the issue. Nevertheless, intentional failures to disclose may be fraud, if the other party reasonably acts on the form and the omitted information, if furnished, might have caused that party to act differently, or not at all.

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Answered on 8/18/09, 1:57 pm


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