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.
This answer does not create an attorney-client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.
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.
Posting questions and receiving general answers does not substitute for consulting with a licensed attorney admitted to practice in the jurisdiction in which you live. The answer posted is intended for general education and in no way constitutes an attorney/client relationship. Please consult a competent attorney in your jurisdiction to fully discuss your situation.
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.
When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.
Criminal Defense Attorney
Consult with a bankruptcy attorney in your area.
R. Jason de Groot, Esq., 386-337-8239