In interrogatories regarding a credit card lawsuit, the Plaintiff is asking for my Soc. Sec #, employer, place and date of birth, driver's license number, state of issuance, expiration date, and driving restrictions if any. This seems like an invasion of privacy. This is for California. The questions are on California form DISC-004. Thank you for any help.
The interrogatory asking for your social security number is objectionable. Violates your right of privacy.
The interrogatories asking for your driver's license information is objectionable because the information is not reasonably calculated to lead to the discovery of admissible evidence in a collection case.
The interrogatories asking for your background, such as DOB, employment and education are usually okay.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Interrogatories must be reasonably calculated to lead to relevant and admissible evidence. Your social security number and drivers license do not appear to qualify in a collections case. As this case moves forward you really should consider obtaining an attorney.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
An attorney would act to help insure that these were under order.
An attorney would also be artful in answering and in propounding interrogatories from your side.
There is a limit also on number, relevance, etc.
Both excellent reasons to have an experienced attorney handle this.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
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