Ministerial Officers of Courts of JusticeLevying Officer Electronic Transactions Act
Section § 263
This law is known as the Levying Officer Electronic Transactions Act. It aims to take advantage of modern technology to handle documents electronically, which can save money, improve efficiency, and make it easier for the public to contact levying officers. However, courts and relevant officers are not forced to switch to electronic methods unless they both agree and have the necessary resources and technology.
Section § 263.1
This section defines terms related to electronic communications and records. "Electronic mail" is email sent between devices. An "electronic record" refers to any document created or stored electronically. An "electronic signature" is an electronic indicator showing a person's intention to sign a document. "Fax" denotes both the process and the facsimile document. A "fax machine" sends and receives these transmissions. "Fax transmission" involves sending fax documents electronically or traditionally. "Information processing system" handles electronic information, except faxes. "Instructions" are written requests to authorities, and a "legal entity" includes various types of organizations. The "levying officer" is a sheriff or marshal. "Record" is any information on a medium, and "transmission record" is a fax machine's output that logs sending details.
Section § 263.2
This law allows a levying officer to use tech systems to handle information and documents, but only if they have the right technology and resources. If a tech glitch stops them from getting an electronic document during business hours, and the sender can show they tried to send it, the document is considered filed on that day.
Section § 263.3
This section outlines how documents sent by fax to a levying officer (an official responsible for enforcing court judgments) must be handled. When a document is faxed, the levying officer can treat it the same as a physical document. The fax must include a cover sheet with details like the sender's and officer’s names and fax numbers, along with a request for confirmation of receipt. The sender must keep the original paper document and a record of the fax. If the officer asks for the original paper document, it must be sent within five days. Additionally, the levying officer must keep the faxed documents and can store them electronically.
Section § 263.4
This law allows a levying officer to use electronic records instead of paper ones. When sending an electronic record to a levying officer, you need to include the sender's and officer's names and electronic contact addresses. The sender must keep the original paper copy and provide it to the levying officer within five days if requested. Sending an electronic record includes attaching it to an email as explained in another section.
Section § 263.6
This law allows a levying officer, who is responsible for executing court orders like writs of execution, to keep the original or an electronic copy of such writs instead of returning them to court. The officer must keep these documents, along with any related memoranda or inventories, for at least two years after filing their actions with the court. If a creditor needs a writ executed in a different county, they can request the levying officer to file a report with the court, which isn't the same as returning the writ. This report must show that the writ is still active.
Section § 263.7
This law requires that when documents are made public by a levying officer, any social security numbers and financial account numbers must be removed or hidden, except the last four digits can be shown. This also applies to documents filed with courts, and these identification details must not be visible. However, creditors, debtors, garnishees, and third-party claimants are not considered 'public' and may access complete information.