Asset Search

ASSET SEARCH PRIVATE INVESTIGATOR

Does a Debtor owe you money? Do you have a judgment against them? 

Asset Search Private Investigator (800) 733-1950. Stryker provides the Best-in-Class professional nationwide asset search, pre-litigation, probate, and estate discovery, judgment enforcement remedies, and investigation services for law firms, and businesses. We are an investigation agency that specializes in representing judgment creditors as aggressively as the law allows in matters of judgment enforcement. Whether you’re looking to conduct a pre-litigation / pre-judgment asset search, or you already have a civil judgment in place and just want to find bank accounts. At Stryker, we bring the same persistent determination to go the extra mile, if that’s what it takes to get you an equitable outcome. You won’t get lost in the shuffle with our firm, because we provide individualized attention to each case and each person. Our consultations are free of charge, and the consultation allows you an opportunity to talk to someone who understands your situation.

We provide due diligence investigation of an individual’s assets, debts, employment, previous or pending lawsuits as part of Pre-Litigation investigations. Our Pre-litigation asset report includes a comprehensive 2 part detailed report of all public records, including, Real Estate records, Deeds, liens on the property, businesses and their officers, litigation history…to name a few items. We provide pre-litigation and post-judgment remedies to judgment creditors throughout the US.

EXPERT WITNESS EXPERIENCE

The difference between them (other agencies) and Stryker Investigation Services is that our founder is a “Designated Expert Witness” for Asset Search Investigation and their permissible purpose in Comerica vs. Reid in relation to “the proper legal means to acquire non-public detailed information. In order to conduct an asset investigation on the debtor’s bank, saving, and brokerage accounts, you are required by law to have a permissible purpose as defined by the Fair Credit Reporting Act (15 USC 1681(b) 15 U.S. Code § 604(a)(3) –  Fair Credit Reporting; Permissible Purposes for Furnishing, Using, and Obtaining Consumer Reports. Fair Credit Reporting Act (FCRA). This advisory opinion explains the permissible purposes listed in FCRA section 604(a)(3). This means that to conduct these investigations, you must have a judgment or a judicial order in place before running the search or the individual’s permission, called a self-investigation.

These days it seems like everyone proclaims to be an expert in something. By law, who qualifies as an expert witness when it comes to court cases? Experts are qualified according to several factors, including but not limited to the number of years they have practiced in their respective field, and work experience related to the case. They may be called upon as a case consultant and used to give testimony at trial. However, not everyone can qualify as an “expert,” and not all types of expert testimony may be permitted. State and federal rules of evidence are set about expert witnesses, depending on whether your case is in state or federal court.

WHAT IS A PERMISSIBLE PURPOSE?

Fair Credit Reporting; Permissible Purposes for Furnishing, Using, and Obtaining Consumer Reports – includes obtaining taxes, banking, and financial information.

FCRA Section 604(a)(3) – Permissible purposes of consumer reports. 

Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of permissible purposes under the law. Fair Credit Reporting Act, and no inference shall be drawn on the basis of the provisions of this title regarding whether the information is transaction or experience information under section 603 of such Act.” What are permissible purposes?

(a) In general

Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

As a professional asset search company, we search for Tangible Assets; (fixed) and Tangible Assets; (liquid). Our bank account searches can be conducted [locally] statewide, or more expansive searches can be conducted nationwide, or even out of the country. After your judgment is entered, you will be informed by the court clerk that court judgments are not self-enforcing. Sometimes solvent or honest debtors will want to pay soon after a judgment is entered. The judgment will appear on credit reports and be a matter of public record. This will be a problem for any judgment debtor attempting to borrow money.

Working on behalf of our clients seeking to enforce legal judgments awarding financial damages or seeking the return of funds misappropriated by the use of conversion or other means. Stryker identified missing previously unknown or hidden assets such as bank accounts, savings accounts, and brokerage accounts. Our experience includes multi-jurisdictional investigations involving offshore capital flight havens, creditor-unfriendly jurisdictions, complex investment group structures, and nominee and alter ego companies.

PRE-LITIGATION DUE DILIGENCE

Pre-litigation asset search investigations are part of counsel’s legal, due diligence and are a preemptive tactic used to determine what assets or income may be seized in the event a judgment is ordered. Subsequent, information can be used to determine if the judicial venture is economically worth the effort. The goal of legal due diligence investigation is to assess the potential benefits and risks of settling a case, selling, or buying another business or business assets. There are two main areas of focus in a due diligence investigation;  First is to determine the current status; Second, what are the consequences of a potential agreement.

Evidence obtained during this pre-litigation process can be admissible in court and used to prepare a better case for trial. A secured position will give a creditor significant leverage over the debtor that may prompt the debtor into a quick settlement.  It may also provide significant protection in the event of bankruptcy or even prompt the debtor not to file bankruptcy because secured debts are not dischargeable. A court order or judgment does not need to be in place to conduct a pre-judgment asset search. This information is derived from public records. Our principal investigator searches millions of public records to compile the most comprehensive report for our clients. Our pre-judgment assets search is significantly cheaper than an asset search that provides banking or brokerage information. 

A Probate Asset Investigator can help legal counsel, surviving family members, the administrator of the estate, or the executor find missing or unknown bank accounts and assist in identifying holdings, brokerage accounts, and property owned by a person or company. When preparing an estate inventory, it is necessary for an estate’s executor to conduct a search for all of the decedent’s assets, including hidden assets. The decedent’s important papers will include information about the decedent’s assets, including bank and brokerage statements, stock and bond certificates, life insurance policies, corporate records, car and boat titles, and deeds; and information about the decedent’s debts, including utility bills, credit card bills, mortgages, personal loans, medical bills, and the funeral bill. 

Overview of Probate Asset Searches;

• Financial Accounts (Statewide or Nationwide Bank Account Search, Brokerage, Mutual Fund, and Retirement Accounts)
• Life Insurance Policies and Annuity Contracts
• Personal/Family Trusts
• Real Property and Tangible Assets (Motor Vehicles, Aircraft, Boats)
• Business Interests (Including Private Companies, Shell Corporations, and Special-Purpose LLCs)

The individual (or bank or trust company) that is appointed to settle the estate of the testator under a will is called an executor or personal representative.  If there is no will, a person, usually a family member, will be appointed to deal with the decedent’s estate, and the appointed person is called an administrator.

TYPES OF BANK AND BROKERAGE ACCOUNTS WE LOCATE

You have a judgment against a Debtor, and believe they are making more money than disclosed in the Debtor’s Examination.  Do you want to Inspect the Debtor”s Tax Return? Is it legal to get the Debtor’s Federal Tax Returns? The IRS and your tax professional cannot disclose your tax information to anyone else without your explicit consent. However, there are a few instances in which you are entitled to access someone else’s tax returns. Generally speaking, tax return filings are not publicly available in the United States; however, they can be obtained through the written authorization of the taxpayer. READ MORE… 
Financial Investigations

Stryker would like to caution potential clients, with this warning… there is a big difference between the terms “asset search investigation” and “financial investigation.” These are two completely different investigations requiring different professional experts and skillsets.

An asset is an economic resource. Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset. As such, an asset search investigation is relatively easy to conduct, as the majority of Tangible Assets; (fixed) and are documented in public records. Though Tangible Assets; (liquid) are not a matter of public record and require a permissible purpose to conduct a search.

Tangible Assets: (fixed) real estate, buildings, homes, equipment and machinery, tools, equity in a property, capital assets, gold, and minerals after extraction. Stryker

Tangible Assets: (liquid) current assets and other assets that can be converted to cash, such as liquid assets, bank accounts, money market fund shares, bonds, mutual funds, and the cash value of a life insurance policy. Stryker

On the other hand, a financial investigation is a completely different investigation. At its simplest, a financial investigation tries to determine where the money comes from, how it moves, and how it is used. Also known as forensic accounting, this type of investigation is often crucial when dealing with corporate investigations, theft, embezzlement, money laundering, dishonest employees and can be associated with criminal charges. Investigators analyze all documents that show the paper trail of events involving money with the primary objective of documenting the movement of money.

Tracing funds and activities within companies and across jurisdictions presents complex challenges to which our experts apply their forensic investigative abilities. Stryker’s team provides financial investigative expertise for class actions, civil litigations, regulatory enforcement proceedings, and white-collar criminal matters.

Asset Forfeiture Reform Bill Signed Into Law

SACRAMENTO — California Governor Brown signed into law a bill that would in most cases, prevent law enforcement agencies from profiting from seized cash or property unless a person has been convicted of a crime. The law is one of the country’s most far-reaching protections against civil asset forfeiture abuse.

Senate Bill 443, authored by Senator Holly Mitchell (D-Los Angeles) and Assemblymember David Hadley (R-Torrance), establishes some of the nation’s strictest standards to protect due process and property rights by requiring a conviction in most cases prior to the permanent loss of property through civil asset forfeiture.  Starting on January 1, 2017, California law will require a conviction prior to forfeiture in any state case where the items seized are cash under $40,000 or other property such as homes and vehicles, regardless of value. This updates the current law, which has a conviction threshold for cash up to $25,000. -READ MORE-

Stryker has extensive experience in asset search investigation services and provides the legal industry with litigation support services. 

We comply with all State and Federal laws, financial privacy laws, and regulations.

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 or the customer of a financial institution.

GLB Act, FCRA, FDCPA compliance is paramount to our policies & procedures, thus, protecting our clients from investigators or data brokers that don’t understand the laws and put you and your search at risk.

The GLB Act does not prohibit bank searches; it just makes pre-texting financial institutions & consumers unlawful. Our investigators use several methods while identifying assets, serving this industry for over 20 years.

Stryker Investigation Services Inc. operates in full compliance with debt collection laws, and have made substantial investments in technology to provide our clients with the best-in-class access to relevant debtor information, as allowed by the Consumer Credit Protection Act (CCPA), IRS, Federal Trade Commission, US Department of Labor Garnishment Laws. In order to conduct an asset investigation, the requestor or creditor must have a permissible purpose. A permissible purpose is defined by a legal right to delve into privileged or private information on an individual or business.

Wage Garnishment

In most states, garnishments can be used to recover debts of any type, including credit cards and other commercial debts. However, in four states – Texas, Pennsylvania, and North and South Carolina – wages can only be garnished for debts from delinquent taxes, child support, (federally guaranteed) student loans, and fines that the court ordered. In addition, Florida wage garnishment laws provide a “head-of-household exemption” that prohibits the wage garnishment of someone who supplies at least 50% of the support for a child or other dependent.

Bank Levy

When a bank receives a notice of a levy, it must immediately freeze the debtor’s account. In addition to being unable to make a withdrawal, the bank account is frozen, and any outstanding checks or automatic debit card payments won’t clear (unless there are enough exempt funds in the account). A federal law that went into effect in May of 2011 requires that banks receiving a garnishment order for an account-holder who receives federal benefits, review their deposits for the last two months to determine if any of these funds were deposited, and are thus exempt. By Federal Law, a bank must wait 21 calendar days after a levy is served before sending payment. The Sheriff holds the funds for 20 more days and then releases it on the next business day. Of course, under ideal circumstances, the depositor(s) can waive this waiting period.

Jointly Owned Accounts – Rights and Limitations

When the debtor owns an account jointly with another individual that is not a spouse, the law usually presumes that both individuals each have equal rights to funds held in that account. So, when a creditor attempts to garnish that account, it typically doesn’t have to investigate whether you contributed more money to the account than the co-owner. Unfortunately, for the non-debtor, this could mean that the money in their account could be garnished to pay for the co-owners debt, a debt that the non-debtor never owed. Laws vary on the extent to which creditors can garnish joint accounts. In some states, creditors can’t take more than half of the funds in a joint account. However, in other states — like Ohio, Michigan, and West Virginia — creditors may be able to garnish the entire joint account. California law (CCP § 700.160(b)) allows a judgment creditor to collect money from the bank account in the name of the debtor’s spouse even when the debtor’s name is not on the account.

The New Jersey Multiple Party Deposit Account Act (“NJMPDAA”), N.J.S.A. § 17:16I-1, et seq., which governs “multiple-party deposit accounts” (“MPDAs”), including joint bank accounts, provides in relevant part: Unless a contrary intent is manifested by the terms of the contract, or the deposit agreement, or there is other clear and convincing evidence of a different intent at the time the account is created:  a. A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit. In the absence of proof of net contributions, the account belongs in equal shares to all parties having a present right of withdrawal. 

Pre-litigation

Pre-litigation asset search investigations are a preemptive tactic used to determine what assets or income may be seized in the event a judgment is ordered. Subsequent, information can be used to determine if the judicial venture is economically worth the effort. Evidence obtained during this process can be admissible in court and used at trial to prepare a better case.

A secured position will give a creditor significant leverage over the debtor, that may prompt the debtor into a quick settlement.  It may also provide significant protection in the event of a bankruptcy (or even prompt the debtor not to file bankruptcy) because secured debts are not dischargeable.

There is a variety of reasons an attorney will need to use the services of a private investigator.

• As part of investigative services for ongoing litigation, civil, criminal, divorce matters…etc.
• To find assets to use as leverage during the course of negotiations,
• or to determine whether a lawsuit is economically worth pursuing.

Citations:

Federal Statute: Title III, Consumer Credit Protection Act (CCPA), 15 USC, §§1671 et seq. / Code of Federal Regulations: 29 CFR Part 870 / Explanatory Brochures and Regulatory Materials Online: www.dol.gov/whd, www.wagehour.dol.gov / U.S. Wage and Hour Division: Fact Sheet #30 – The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III (CCPA) / Field Operations Handbook – 02/09/2001, Rev. 644, Chapter 16, Title III – Consumer Credit Protection Act (Wage Garnishment)

Does a Debtor owe you money? Do you have a judgment against them? We provide Asset Searches and Related Investigations by a Private Investigator conducted Nationally – We Provide services in Atlanta, Columbus, Savanna, Athens, Augusta, Macon, Sandy Springs, Buckhead, Albany, Georgia Asset Search and Judgment Enforcement Judgment Collection Investigations by a licensed Private Investigator can legally be conducted Nationally: Montgomery Alabama, Juneau Alaska, Little Rock Arkansas, Sacramento California, Denver Colorado, Hartford Connecticut, Dover Delaware, Tallahassee Florida, Atlanta Georgia, Honolulu Hawaii, Boise Idaho, Springfield Illinois, Indiana Indiana, Des Moines Iowa, Topeka Kansas, Frankfort Kentucky, Baton Rouge Louisiana, Augusta Maine, Annapolis Maryland, Boston Massachusetts, Lansing Michigan, St. Paul Minnesota, Jackson Mississippi, Jefferson City Missouri, Helena Montana, Lincoln Nebraska, Carson City Nevada, Concord New Hampshire, Trenton New Jersey, Santa Fe New Mexico, Albany New York, Raleigh North Carolina, Bismarck North Dakota, Columbus Ohio, Oklahoma City Oklahoma, Salem Oregon, Harrisburg Pennsylvania, Providence Rhode Island, Columbia South Carolina, Pierre South Dakota, Nashville Tennessee, Austin Texas, Salt Lake City Utah, Montpelier Vermont, Richmond Virginia, Olympia Washington, Charleston West Virginia, Madison Wisconsin, Cheyenne Wyoming.