it is my understanding that if I am sued by a creditor, creditor law firm or a collections agency for unsecured debt and they naturally win, I will be presented with what is known as a financial summery worksheet that, under penalty of contempt of court, must be filled out and returned to the victor of the suit. I am not worried about them raiding my bank account since all of my money is social security electronically deposited, but what are my rights with these strangers having my address, soc. sec number, drivers license number and birth date? What if I do not want to give a collecitons agency this information? How do I know that they will not leave this infor just lying around so anyone can get a hold of it? What should I do?
Chapter 7 Bankruptcy Attorney
Once a creditor obtains a judgment against you, it can seize assets, levy accounts, etc. Perhaps your accounts and income are protected from being attached. But to answer your question: creditors are entitled to perform a judgment debtor's exam, which is a long deposition process whereby it learns everything about your financial situation. In short, you educate the creditor where your stuff is so they can maybe take it.
You need to cooperate with them, and they are entitled wide latitude.
As far as confidentiality, attorneys generally take great care to protect law firm data. While situations do come up where corporate info is hacked and then released.. or the prototype for the iPhone is left around in a bar, these are generally few and far between.
Good luck to you.
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The previous attorney did a great job explaining your options. However, if you do not want to go through this process with the creditor, you could possibly try to settle the debt or file for a bankruptcy to wipe away the debt.
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Estate Planning Attorney
My colleagues have done a thorough job explaining how the process works. If you are subjected to a judgment debtor's exam, the courts allow great discretion in what can be explored. I practice in California where we leave no stone unturned in the search for assets from which to enforce the underlying judgment. You will want to completely and honestly complete your financial summary form and submit it to the appropriate party(s) for review.
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