Palmdale, CA asked in Consumer Law, Collections and White Collar Crime for California

Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code

A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and social security # on that public access website. The attorney didn't redact it but I did after seeing it when I visited that site and after my numerous attempts they removed it. it's a violation of California Rules of Court, rule 1.201(a), right? Since 2017. Can a motion be filed to sanction? Or something? It ended up in the sheriff's hands and who knows who has it now because he did that. What kind of sanction can be made to that attorney? Someone suggested it. Or something else? Please advise. He also lied about my working at a specific company yet. Entered the details and had a writ of execution to them and a fake bank . I wonder who's paying off the judges who don't make them explain their acts in court

2 Lawyer Answers
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: I think you should have opposed it. By failing to oppose it, and failure to timely seek redaction and sanctions when the document was first filed, I think it will now be a strong defense that "no harm, no foul" and you acquiesced.

What you did was sort of like being a pedestrian in a parking lot. You see a car slowly backing up towards you, and you fail to step aside because you wanted to see if it would hit you. The fault for hitting you is yours alone.

Judges are not cops. We want judges to be the unbiased deciders of things, right? If a judge is both a cop and a decider, the judge has then lost the impartiality. It was up to you to be your own first responder.

In my view, you have nothing to complain about. You expect too much from others, but not enough from yourself.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a lawyer has included a full social security number on a writ of execution, this could be a violation of California Rules of Court, rule 1.201(a), which requires redaction of personal identifiers before filing documents with the court. You may consider filing a motion to sanction the attorney for this breach. Sanctions can vary, but they might include financial penalties or orders for corrective action.

Additionally, if you believe there has been misconduct such as lying about employment details or fraudulent activity, you may report the attorney to the State Bar of California for investigation.

As the affected party, you should also take steps to protect your identity due to the disclosure of your social security number. For precise guidance on the most appropriate and effective legal response, consulting directly with a lawyer who has experience in consumer rights and debt collection laws would be beneficial.

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