You and your lawyer could open yourselves up to lawsuits if you provide certain information when submitting your debt collection case to the courts. There is information to hide in your submission to the court. You must be mindful of and adhere to the privacy laws. Providing CPI (confidential private information) to the courts in documents where there is public access would be in direct violation of these privacy laws.
When working with an experienced New York debt collection attorney, you can prevent these mistakes by knowing what to leave in and what to redact. While the idea of hiding or information submitted to the courts might sound nefarious at first, it demonstrates respect for and knowledge of the law.
Documentation to Support Your Case and Information to Hide
Documentation to support your case varies based on the type of action you are pursuing. For New York debt collection claims, filed documents to support your case may include information to hide that New York State requires you to delete or redact. This information needs to render as unavailable and inaccessible to “public eyes.”
The court wants you to leave out CPI. The mandatory requirements apply to both consumer and commercial cases.
Redacted information according to NY statute, applicable to all papers including those filed in a New York debt collection case, include:
- Taxpayer ID numbers
- Social security numbers
- Employer ID numbers
- Dates of birth
- Children’s names
- Financial account numbers
Carefully comb the documents to assure that information such as that listed above does not appear in any of the documents presented to the court. Redaction must satisfy New York State requirements. Failure to comply could expose the creditor and their attorney to lawsuits for making CPI public.
While redaction of information prevents exposure and visibility of sensitive data to the public, the law permits submission of unredacted documents to the judge for his/her eyes only.
Choosing an Attorney to Handle Your Debt Collection Case
When choosing an attorney to handle your debt collection case, consider an experienced firm. Select a firm that understands how to best handle your New York debt collection case. You want to work with a firm that protects you from exposing your company to potential liabilities. By failing to exercise due caution when filing a legal action to collect, you could be put at risk.
Other concerns when selecting a New York debt collection attorney should address their depth of experience. For example, you must ascertain if they know what to do to help prevent disparaging remarks from clouding your collection case. And protection against the possibility of counterclaims for errors other than failing to redact information. Know whether the counsel you choose for collection is familiar with your industry, and more.
If you have any questions or would like a consultation to explore the merits of your debt collection case, please contact us. Helping you collect is all we do.