You know that locating a Bank Account is a good way to collect judgment that is owed you.\u00a0\u00a0\u00a0 With a judgment you can apply for a Writ at the court and have the Sheriff, Marshall, or a Process Server \"hit\" the bank.<\/p>\n
There are websites that will charge you money for the information I am going to give you here.\u00a0\u00a0 But I believe it should be available to everyone free.\u00a0\u00a0 That includes the \"how to it\" and the \"what not to do\".\u00a0\u00a0\u00a0 The \"what not to do\" is important so that you won't run afoul of the law.<\/p>\n
What I'm going to say here is not legal advice.\u00a0 I am not an attorney, and only attorneys can give legal advice.\u00a0 But I can make some observations, and share some of my experiences.\u00a0\u00a0 If you benefit from them, that's all the better.<\/p>\n
Okay, there are many ways to find a bank account\u00a0\u00a0 Some are legal, and some are illegal.\u00a0\u00a0\u00a0\u00a0 For example, it is illegal to call a bank and pretend to be the \u2018fianc\u00e9' of the person who owes you money, wanting to make sure he is giving you correct information about his financial worth.\u00a0 Worse yet, you might pretend to be the debtor himself or herself.<\/p>\n
This is illegal because in 1999 Congress enacted the Gramm-Leach-Bliley Act (GLB), which specifically prohibits obtaining, or even attempting to obtain, another person's financial information by making false, fictitious or fraudulent statements to a financial institution.\u00a0\u00a0\u00a0 If you want to read it right from the GLB itself, go to http:\/\/banking.senate.gov\/conf\/fintl5.pdf.\u00a0\u00a0 You will then be fully informed, though probably quite bored.<\/p>\n
I have been told by some that the GLB was concerned with identity theft.\u00a0 It has even been suggested to me that those who want financial information simply to collect money owned them, are not involved in identity theft, and therefore the GLB does not apply to them.\u00a0\u00a0 Others would say that this is creative thinking.\u00a0\u00a0\u00a0 I'm not an attorney, but to my mind it's still too early to see how that might play out in the courts.\u00a0\u00a0 Violation of the\u00a0 GLB is not something I would be involved in.<\/p>\n
So what are the legal ways to locate bank accounts?\u00a0\u00a0 Some I'll share here are obvious.\u00a0 Some others are creative.\u00a0\u00a0 Some others are daring.\u00a0\u00a0\u00a0 Here goes:<\/p>\n
1)\u00a0\u00a0 Use a check the debtor wrote to you:<\/p>\n
Yes, this is obvious, and yes, the debtor may have closed his or her account.\u00a0 But it's a good place to start.\u00a0\u00a0 Your judgment may have resulted from a bad check.\u00a0\u00a0 Or perhaps the debtor was a roommate, a friend (former friend), or even your employer.\u00a0\u00a0\u00a0 If you know which bank the person is with, levy on the accounts there.\u00a0 In almost all states, you can levy on any branch by serving as Writ on any branch in the state.\u00a0 California and some other states are more difficult.\u00a0 You have to know the exact branch where the account or accounts were opened.<\/p>\n
Don't: Call the bank and tell them the debtor gave you a check and you want to know if it's good.\u00a0\u00a0 Banks are on to this, and won't believe you.\u00a0\u00a0 The bank may also alert the debtor.\u00a0\u00a0 And, it may well be against the GLB and other debt collection laws.\u00a0\u00a0\u00a0 Be careful.\u00a0 You don't want the debtor to have a reason to sue you.<\/p>\n
2) The Good Old Trash Run:<\/p>\n
This is also called the \"Dumpster Dive.\"\u00a0 Okay, so you don't like dumpsters or trash, but you are determined.\u00a0 You'll get this debtor.\u00a0\u00a0\u00a0 It's a two step process:\u00a0 Call the city and see when the debtor's trash is picked up.\u00a0\u00a0 Then go get it.<\/p>\n
I know some people who have done this regularly.\u00a0 They will go out to the debtor's home or apartment, bringing along trash bags filled with newpaper.\u00a0 The idea is not just to take the trash, but to take it and then replace it new with trash.\u00a0 Some \u2018dumpster divers' even take along different colored trash bags-white, black, green--so that the debtor won't be alerted if he or she wanders out to get rid of one last beer can before bedtime.<\/p>\n
The information found in trash cans is valuable.\u00a0 You may find a lot of things that will help you enforce the judgment.\u00a0\u00a0 That should also warn you about protecting your own trash and recyclables.\u00a0 They don't always go directly to landfill or recycling machines.\u00a0\u00a0 In some areas the recyclable are sorted by convicts who are getting double credit for their time by being environmentally concerned citizens outside the recycling plant.\u00a0\u00a0 They get to see all your tossed away papers, receipts, checks, bottles, and even those credit card offers you didn't want.\u00a0\u00a0 Hmmm.\u00a0 Be careful.<\/p>\n
\"Is it legal to dumpster dive?\" you ask.\u00a0\u00a0\u00a0 Well, if I were your attorney I would advise you against doing it.\u00a0\u00a0 Attorneys are conservative.\u00a0\u00a0 They probably don't know the answer, and know you don't want to pay for them to research it.\u00a0\u00a0 Besides, it is harder for them to get you to pay lots of money if they think you might be in jail.\u00a0\u00a0 But besides the usual attorney's views, I've been told that there is case law that says that once the trash is on the curb it is fair game.\u00a0 But I'm sure there is other case law to the contrary.\u00a0\u00a0\u00a0 Check with your local waste management company.\u00a0 Or see your attorney with check-in-hand.<\/p>\n
3) Divorce Records;<\/p>\n
These can be a goldmine of information.\u00a0\u00a0\u00a0 And in most cases Divorce Records are public information.\u00a0\u00a0 The added benefits are that you may learn who did what to whom, who your debtor has been sleeping with (maybe more information than you want), how much alimony he or she gives, who got the stocks and accounts at Wells Fargo, who got the time-share in Aspen, and who got grandma's silverware.\u00a0\u00a0 Every divorce is a soap opera.\u00a0\u00a0 Bring your handkerchief.<\/p>\n
4) Check with People Who Know the Debtor<\/p>\n
Even debtors have friends.\u00a0\u00a0 Some even have lovers and past lovers.\u00a0\u00a0 A past friend, past lover, or better yet, an ex-spouse is a terrific source of information about the debtor.\u00a0 Simply call them and say, \"I wonder if you could help me.\"\u00a0\u00a0 (It's hard to say \u2018no' when someone asks for help.)\u00a0 Be upfront.\u00a0\u00a0 Say who you are.\u00a0 And say you need some help because the debtor owes you money.\u00a0\u00a0 Listen carefully as the individual tells you all his or her woes with respect to the debtor.\u00a0 Take notes.\u00a0 Ask questions.\u00a0 Banking information.\u00a0 Work location.\u00a0 Inheritance, etc.<\/p>\n
Be careful:\u00a0\u00a0 The Fair Debt Collections Practices Act (a bureaucratic mouthful) limits who you can tell about the debt.\u00a0\u00a0 In effect, you can't tell anyone except your own attorney, the debtor, and a few other people UNLESS you are trying to effect a post-judgmen remedy.\u00a0\u00a0\u00a0 Suddenly, the wording looks pretty broad.\u00a0\u00a0 But check with your attorney to make sure.\u00a0\u00a0 Here's what Title VIII, Section 805(b)\u00a0 of the\u00a0 FDCPA says:<\/p>\n
COMMUNICATION WITH THIRD PARTIES.<\/p>\n
Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.<\/p>\n
You can read the entire document at http:\/\/www.ftc.gov\/os\/statutes\/fdcpa\/fdcpact.htm.\u00a0\u00a0 It's\u00a0 better than sleeping pills.<\/p>\n
5) Bankruptcy Records:<\/p>\n
A lot of debtors have filed for bankruptcy, and they don't know the wealth of information they have left behind.\u00a0\u00a0 Bankruptcy is a public proceeding.\u00a0\u00a0 You have to give the court your social security number, and list all assets to include\u00a0 bank accounts on the Bankruptcy Petition.\u00a0 If you could only view\u00a0 their bankruptcy petition, you would have a ton of information.\u00a0\u00a0\u00a0 Good news!\u00a0 Bankruptcy petitions are online!\u00a0\u00a0 Go to http:\/\/pacer.psc.uscourts.gov\/ and set up an account.\u00a0 It's free to set up.\u00a0 Then spend a little time seeing how the site works, navigate to Bankruptcy Courts, and put in the information you have about your debtor.\u00a0\u00a0\u00a0 Even if your debtor filed Bankruptcy eight years ago, the records may still be on line.\u00a0 And even if the Bank information is old, a lot of debtors have trouble switching to a new bank because the new banks don't want them.\u00a0\u00a0 Try it.\u00a0 You'll like it.<\/p>\n
6)\u00a0 Purchase something from the Debtor:<\/p>\n
If your debtor owns a business, you may want to purchase something from him or her, or have a friend purchase something.\u00a0\u00a0\u00a0 But remember, according to the GLB you can not misrepresent yourself.\u00a0\u00a0 Of course, pay for it with a check, and then see where it was cashed.\u00a0\u00a0\u00a0 And remember, when you levy on the bank account, be sure to include the name of the business.\u00a0\u00a0 A business that is not a Corporation is one and the same as the individual who owns it.\u00a0\u00a0\u00a0 If you are not sure if the debtor is the owner, the county will have records under business license and Fictitious Business Names.<\/p>\n
7)\u00a0 The Judgment Debtor Examination:<\/p>\n
Every state I'm familiar with has a means by which you can bring the debtor into court for questioning, and subpoena his or her records in the process.\u00a0\u00a0\u00a0\u00a0 Of course if you ask the debtor where his or her bank accounts are, they may lie or tell you the truth and then quickly withdraw the money or change banks.\u00a0\u00a0\u00a0 But knowing ANY past bank is valuable, because you can subpoena bank records to find out where the money was coming from. Also, if the debtor lies and then you are able to produce an account through one of the other means here, then you will likely have some leverage with the debtor and the court.<\/p>\n
8)\u00a0 Subpoena the top 10 banks in your area.<\/p>\n
When enforcing a judgment,\u00a0 you have more power than you think.\u00a0 In California, for example, case law states that the judgment creditor may \"leave no stone unturned in the search for assets.\"\u00a0\u00a0 That's a pretty wide scope of possibilities.\u00a0\u00a0 And a VERY effective way is through subpoenas.\u00a0 It's potentially a goldmine.\u00a0\u00a0 In most cases it is not difficult to subpoena documents.\u00a0 Ask the court how you can do it, and ask for the forms as well.<\/p>\n
An excellent time to subpoena documents is at the Judgment Debtor Examination.\u00a0\u00a0\u00a0 I've gone so far as to mail off subpoenas to 20 banks at once.\u00a0\u00a0 It only costs me a postage stamp for each.\u00a0\u00a0 And you never know what will show up.\u00a0\u00a0 And getting a subpoena is not as difficult as you think.\u00a0\u00a0 Check with the court clerk or the legal advisor at court.\u00a0\u00a0 Forms are there.\u00a0 The cost is a bargain.<\/p>\n
On the subpoena you might request \"Any and all checking and savings statements of the debtor over the past 3 years.\"\u00a0\u00a0\u00a0 Most of the banks will simply write back saying there are no accounts there.\u00a0\u00a0 That's fine.\u00a0\u00a0 But then one day you may get a phone call from Greta in a bank's business department, who tells you that there is a 5 cent or 50 cent charge for each page.\u00a0 Bingo!\u00a0\u00a0 You may then ask whether that will include last month's statement.\u00a0\u00a0 Bingo!\u00a0 The account or accounts are still open!\u00a0\u00a0 Then you might want to \u2018hit' the bank right then.\u00a0\u00a0 (Note: Check your state laws regarding \"Notice to Consumer.\"\u00a0\u00a0 Your debtor may have to be notified that you are requesting the information.\u00a0\u00a0 But that's okay.\u00a0 He or she will feel the pressure.\u00a0\u00a0\u00a0 If the debtor objects to a\u00a0 subpoena at a particular bank-\u2018hit' that bank.)<\/p>","protected":false},"excerpt":{"rendered":"
You know that locating a Bank Account is a good way to collect judgment that is owed you.\u00a0\u00a0\u00a0 With a judgment you can apply for a Writ at the court and have the Sheriff, Marshall, or a Process Server \"hit\" the bank. There are websites that will charge you money for the information I am<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[9],"tags":[47],"class_list":["post-3355","post","type-post","status-publish","format-standard","hentry","category-judgement-liens","tag-collect-judgment"],"_links":{"self":[{"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/posts\/3355","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/comments?post=3355"}],"version-history":[{"count":0,"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/posts\/3355\/revisions"}],"wp:attachment":[{"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/media?parent=3355"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/categories?post=3355"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/misuniversity.com\/members\/wp-json\/wp\/v2\/tags?post=3355"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}