Confidential Social Security Numbers And Ccp 708.121
I'm not a lawyer, I am a judgment expert
I'm not a lawyer, I am a judgment expert. This article is my opinion, and not legal advice. When you want legal advice or a strategy to use, please contact an attorney.
Every year has countless law changes. Some laws that have the goal of protecting the public's privacy, have the side effect of making it less convenient for judgment owners to enforce a judgment. In 2012, California, and perhaps other states, presented new laws which stop the use of social security number on all public records, including court-related documents and forms.
In California, the changes in privacy laws effect judgment recovery in basically two ways. The changes started in some counties in California before 2012, and are now in effect for all fifty-eight counties in California.
The first change is that abstracts of judgment may no longer contain the judgment debtor's full SSN. This raises the chances that a creditor's lien at the county recorder could get overlooked, particularly on sneaky debtors who use AKAs.
The second new law is that social security numbers are no longer allowed for new court paperwork. Even more than before, creditors must thoroughly guard the privacy of the SSNs of judgment debtors.
Starting in 2012, when you file wage garnishment paperwork, you should use a updated WG035 form from the judicial council, which now mentions confidential SSNs. The WG-035 form is vague about how one transmits and handles the judgment debtor's SSN to the employer for the service of an EWO.
The "form" that WG035 form describes is a declaration from the judgment owner describing the debtor's social security number. The judgment owner's declaration and the WG035 form, go with forms WG-001, the application for an EWO, and the WG002, the EWO. What makes this confusing is both the WG001 and WG-002 forms specify that the social security number should be located on the WG-035 form.
CCP 708.125(a) and 708.121(a) specify that the Employee's SSN "shall" be on the Earnings Withholding Order application and the EWO forms, if known. Yet, the new WG035 form says the social security number must be on a separate form, that is "part of" the application and the Earnings Withholding Order paperwork set.
A way to handle this, is to include a declaration of the debtor's SSN and sign and date it, and include the 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 a copy on the judgment debtor's employer, and document that the WG035 form was served with a proof of service.
The California Codes have not been updated yet to indicate the new declaration document. However, the creditor's declaration and SSN is required for the service of a wage levy. The laws still say the forms "shall" contain the social security number, if known, and the WG035 form is included in that process.
The conclusion is, to guard the debtor's SSN as much as possible. Only a Sheriff, (if needed) a registered process server, and the employer get to see the social security number, not the court or anyone else.
In California, it's good practice to include a memo in the wage garnishment paperwork, that the WG-035 form and the declaration, are to be returned to you or the Sheriff, and not to be returned to the court.
by: Mark Shapiro
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