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Should I just ignore this question from the attorney?

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shenanwei

Junior Member
What is the name of your state (only U.S. law)? GA

Sueing a builder for trespass and nuisance as they cause the flooding.
Now got a letter from their lawyer asking for this.
DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF.

13. For each plantiff, state his or her full name, date of birth, social security number, employer name and address, and each and every address at which either or both plantiffs have resided in the past twenty (20) years.

Also state any names, other than your full name, by which you have ever been known or which you have used.

Should I just ignore this.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

Sueing a builder for trespass and nuisance as they cause the flooding.
Now got a letter from their lawyer asking for this.
DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF.

13. For each plantiff, state his or her full name, date of birth, social security number, employer name and address, and each and every address at which either or both plantiffs have resided in the past twenty (20) years.

Also state any names, other than your full name, by which you have ever been known or which you have used.

Should I just ignore this.
No, you cannot ignore it. However it is way overly broad. I would provide name and current address and ignore the rest.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? GA

Sueing a builder for trespass and nuisance as they cause the flooding.
Now got a letter from their lawyer asking for this.
DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF.

13. For each plantiff, state his or her full name, date of birth, social security number, employer name and address, and each and every address at which either or both plantiffs have resided in the past twenty (20) years.

Also state any names, other than your full name, by which you have ever been known or which you have used.

Should I just ignore this.
Do you have an attorney? :confused:
 

quincy

Senior Member
What is the name of your state (only U.S. law)? GA

Sueing a builder for trespass and nuisance as they cause the flooding.
Now got a letter from their lawyer asking for this.
DEFENDANT'S FIRST INTERROGATORIES TO PLAINTIFF.

13. For each plantiff, state his or her full name, date of birth, social security number, employer name and address, and each and every address at which either or both plantiffs have resided in the past twenty (20) years.

Also state any names, other than your full name, by which you have ever been known or which you have used.

Should I just ignore this.
If you have an attorney, your attorney will advise you on which questions you need to answer and which questions you can object to answering. You cannot just "ignore" a question or any part of it, however.

You need to provide a response to all questions asked, even if the response is to say that you object to the question for such-and-such a reason. Your attorney can advise you on what objections to make.

Whether the question asked is "overly broad" or not will depend on the facts. If, for example, you have sued several different builders over the past 20 years, under your full name or under any other name, the question would not (necessarily) be overly broad. The question could be relevant.

Facts matter.

Consult with your attorney.
 
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LdiJ

Senior Member
If you have an attorney, your attorney will advise you on which questions you need to answer and which questions you can object to answering. You cannot just "ignore" a question or any part of it, however.

You need to provide a response to all questions asked, even if the response is to say that you object to the question for such-and-such a reason. Your attorney can advise you on what objections to make.

Whether the question asked is "overly broad" or not will depend on the facts. If, for example, you have sued several different builders over the past 20 years, under your full name or under any other name, the question would not (necessarily) be overly broad. The question could be relevant.

Facts matter.

Consult with your attorney.
Just a bit of trivia. Its actually against the law to ask for someone's social security number in a non-governmental capacity. That attorney not only does not need someone's SSN, but has no business asking for it. Now, IF his client loses, and is required to pay out the money, THEN it might be appropriate, but only if the award would have any taxable components requiring a 1099Misc to be issued. If the award does not have any taxable components, then he still has no business asking for it.
 

LeeHarveyBlotto

Senior Member
Just a bit of trivia. Its actually against the law to ask for someone's social security number in a non-governmental capacity.
Actually, it isn't necessarily so. To quote Quincy, "facts matter". I can think of multiple legitimate reasons an attorney could and should request this information based on facts we don't have.
 
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quincy

Senior Member
Just a bit of trivia. Its actually against the law to ask for someone's social security number in a non-governmental capacity. That attorney not only does not need someone's SSN, but has no business asking for it. Now, IF his client loses, and is required to pay out the money, THEN it might be appropriate, but only if the award would have any taxable components requiring a 1099Misc to be issued. If the award does not have any taxable components, then he still has no business asking for it.
Please cite the source for this "trivia" of yours, LdiJ.

What you wrote is incorrect.
 

LdiJ

Senior Member
Actually, it isn't necessarily so. To quote Quincy, "facts matter". I can think of multiple legitimate reasons an attorney could and should request this information based on facts we don't have.
Can you name any civil matter that would make it legitimate, outside of one related to tax? For example, there is no database by SSN that is going to show what other lawsuits the guy may have been involved in.

To answer Quincy's question:

There is not "one law". There are references all throughout the US Code governing the use of SSNs. Any code referencing finances and many other types of matters has some reference to the use of SSNs.

For example, Title 42, Section 408 which deals with Public Health and Welfare has this verbiage:

(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States;

shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.
I mentioned that one only because it was one of the ones I could find more rapidly. This was a topic in one of my grad school classes and I no longer have those materials available so I would have to search more. So no, you are not going to find one law that addresses this, but as proven by my professor, the totality of the laws make it so.

Also, that is the reason why DMV's stopped using SSNs as required identifiers on a Driver's License and started issuing separate DL numbers instead.
 
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Zigner

Senior Member, Non-Attorney
For example, Title 42, Section 408 which deals with Public Health and Welfare has this verbiage:
Your cite is irrelevant. You put emphasis on the wrong portion of the code you posted...that means you're focusing on the wrong part:

(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States;
(I emphasized the portion that shows this...)
 

LeeHarveyBlotto

Senior Member
Can you name any civil matter that would make it legitimate, outside of one related to tax?
Yes.

For example, there is no database by SSN that is going to show what other lawsuits the guy may have been involved in.
Please provide factual proof of no such database existing for all circumstances.

There is not "one law". There are references all throughout the US Code governing the use of SSNs. Any code referencing finances and many other types of matters has some reference to the use of SSNs.
Nearly all of them deal with what various agents of the government can and cannot do in terms of asking for the information and its use.


This was a topic in one of my grad school classes and I no longer have those materials available so I would have to search more. So no, you are not going to find one law that addresses this, but as proven by my professor, the totality of the laws make it so.
Perhaps a law school professor would have been more instructive, and more correct.

Also, that is the reason why DMV's stopped using SSNs as required identifiers on a Driver's License and started issuing separate DL numbers instead.
Not true. In most if not all states, drivers licenses have always had their own identifying numbers separate from social security numbers. Also irrelevant to the topic at hand.
 

LdiJ

Senior Member
I misspoke on the DL's. After the 1974 privacy act came out our state DMV stopped putting the SSN on the driver's license as the DL number, because that made the number public.

However, the privacy act regulates government use of the number, so its not really relevant in this case as we are not talking about government use.

Rather than continue the debate, I will simply tell the OP that no lawyer is going to be getting my SSN, for any reason, unless he proves to the judge that he legitimately needs it.
 

Zigner

Senior Member, Non-Attorney
Rather than continue the debate, I will simply tell the OP that no lawyer is going to be getting my SSN, for any reason, unless he proves to the judge that he legitimately needs it.
Fair enough :)
 

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