Legal Question in Credit and Debt Law in California
Must I give Soc Sec # in Order of Examination
A crooked lawyer got a judgment against my mother, she tried to have it set aside but made a technical error, he had her in court on an Order of Exam and said he will order her back if she doesn't give him her SS#. She gave him her Driver Lic#, but she's afraid to give him the SS#. Does she have to?
1 Answer from Attorneys
Re: Must I give Soc Sec # in Order of Examination
Whether opposing counsel is crooked lawyer or not is not relevant. The judgment is a court determination that your mother owes the money. Until your mother can convince a judge to set aside the judgment, she owes the money.
When conducting discovery to gather information on assets to collect a judgment, the law says the judgment creditor is entitled to any information that is reasonably calculated to lead to the discovery of assets to enforce the judgment. So yes, the lawyer is entitled to your mother's SSN and he can get an order forcing her to come back to court to provide the information.
Your mom can consult with local bankruptcy attorney regarding her options as well.
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