I am being sued for a debt that occurred in 2016, but have no income or other assets. I am also currently receiving food stamps. I currently live with family.
The lawyer for the claimant has requested tax returns for 2013- 2015 and has sent over a form 4506 because I was unable to provide tax returns during asset discovery. I only had electronic copies and do not have access to them any more. I have requested tax transcripts for 2013 and 2014, but these were unavailable for 2015.
I am aware that I can submit the form 4506 myself and have them sent to me but I do not have any money to do so. Truthfully, even if I could access the tax returns, I do not have the means to print them out.
I am curious why I have to show tax information for years prior to the debt and if I have to go that far back. I am also curious how to protect my privacy if I have to send this information to the lawyer. Would the claimant also have access to this information and be able to use it?
The answer to the question is "yes" according to Illinois Supreme Court Rule 201 which states:
"(1) Full Disclosure Required. Except as provided in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party, including the existence, description, nature, custody, condition, and location of any documents or tangible things, and the identity and location of persons having knowledge of relevant facts. The word "documents," as used in Part E of Article II, includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and electronically stored information as defined in Rule 201(b)(4).
Most attorneys will agree to redact sensitive and confidential information. As a matter of routine, tax returns containing a social security number are often given with the number blanked out except for the last 4 digits. For similar privacy concerns, you might review the Illinois Personal Information Protection Act as recently amended as well as Illinois Supreme Court Rule 138, "Personal Identity Information".
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline