Legal Question in Civil Litigation in California

Q: DO I need to provide my social secuirty number to a judgment creditor in a small claims case?


Asked on 12/07/10, 3:49 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Only if the judgment creditor asks you for it.

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Answered on 12/12/10, 5:55 pm

Yes, however, if the creditor runs a credit report without your permission, which is one thing they may try to do with your social security number in order to see where you bank or work, to see if you own real property, then you could complain to the Federal Trade Commission. You may want to try to withdraw any prior permissions that you may have given, either explicitly or by implication with your creditor in writing. Then check your credit report and see if your creditor or their agents/attorneys subsequently runs your credit report. You may then have a lawsuit against them for running your credit report without authorization to do so.

If you are living on a limited income, go to the small claims advisor and ask them how you can set up an installment payment plan.

Or, if you have a lump sum of money to pay your creditor, you can offer in writing to pay them 50 to 75 % of what you owe in return for a full satisfaction of the judgment. Get them to sign the letter that they are in agreement.

Otherwise, your creditor can continue to try to collect from you where you bank, where you work, etc.

Good luck!

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Answered on 12/13/10, 10:41 am

Ms. Morris' answer is flat out wrong, except that the judgment creditor does have a right to your SSN. The U.S. Court of Appeals has expressly affirmed that a judgment creditor has the right to obtain a credit report in connection with enforcing a judgment. Pintos v. Pacific Creditors Assn., 9th Cir., Case No. 04-17485. Prior to judgment there must be a pre-existing "credit transaction involving the consumer" before a claimant can pull a report. 15 U.S.C. 1681b(a)(3)(A) So if your car loan or credit card is referred to collections, they can pull a report, but if you breach a contract not involving credit, or run a red light and hurt someone, or as in the Pintos case, you get sued for impound fees after your unregistered car gets towed, they cannot pull a credit report before they get a judgment. If they get a judgment, though, then they have a right to your SSN and to use it to get a credit report.

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Answered on 12/13/10, 3:17 pm


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