Judgment Debtor Privacy And Levy Paperwork

Every year has many new laws. Certain laws that intend to protect everyone's privacy, have a side effect of making things less convenient for judgment owners to recover judgment money. In 2012, California, and possibly other states, presented more laws which restrict the use of social security number on all public records, including court-related documents and forms.

In California, the changes in privacy laws affect judgment enforcement in primarily two areas. The changes started in some California counties before 2012, and are currently in effect in all 58 California counties.

The first new law is that property liens can no longer contain the debtor's full SSN. That increases the odds that a judgment owner's lien at a county recorder might be overlooked, particularly with scamming debtors that use AKAs.

The second new law is that SSNs are no longer permitted on new court paperwork. Even more than before, creditors need to carefully guard the privacy of the social security numbers of judgment debtors.

Starting in 2012, if one files employee levy papers, they will use the new WG-035 form from the judicial council, that now describes confidential social security numbers. The WG035 form is vague about how one handles and transmits the debtor's social security number to the employer for service of an Earnings Withholding Order.

The "form" that WG-035 form hints about is a declaration from a judgment owner concerning the judgment debtor's social security number. The judgment owner's declaration and their WG035 form, go with forms WG-001, the application for the EWO, and the WG002, the EWO. What makes it confusing is both the WG001 and WG-002 forms indicate the social security number will be on the WG035 form.

CCP 708.125(a) and 708.121(a) specify that a Employee's SSN "shall" be listed on the Earnings Withholding Order application and the EWO forms, if known. However, the new WG035 form says the social security number must be on a separate document, which is "part of" the application and the Earnings Withholding Order forms.

The way to deal with this, is to include a declaration of the debtor's social security number and date and sign it, and include your declaration with the WG035 form.

Give a copy of your declaration and the WG-035 to the Sheriff along with the other documents. A registered process server or the Sheriff, will serve the copy on the judgment debtor's employer, and document that the WG-035 form was served on a proof of service.

The California Codes have not yet been updated to indicate the new declaration document. Yet, the owner's declaration and social security number is required to serve a wage garnishment. California laws still declare the forms "shall" contain the social security number, if known, and the WG-035 form is part of that process.

The conclusion is, to protect the debtor's social security number to the extent possible. Only a Sheriff, (if required) a registered process server, and the employer get to see the social security number, not anyone else or the court.

With California, it is a good idea to include a memo in the wage garnishment paperwork, that the WG035 form and your declaration, are to be returned to you or the Sheriff, and not to be returned to the court.

http://www.JudgmentBuy.com - Judgment Enforcement - the easiest, fastest, and best way to get paid for your judgment. Mark D. Shapiro, the expert on judgments. I pay for leads, and have the best no obligation free leads for collection agencies, enforcers, and contingency collection attorneys.

Related Articles - WG-035, WG-001, WG-002, WG035, WG001, WG002, CCP 708121, CCP 708125, social security numbers SSNs and levies, judgment enforcement,

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