New York Asset Search

NEW YORK ASSET SEARCH PRIVATE INVESTIGATOR

Stryker Investigation Services Inc. One solution for all your investigative services since 2000

STRYKER’S INVESTIGATION OFFICE: (800) 733-1950

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

Asset Search Private Investigator (800) 733-1950. Are you looking for a New York Asset Search Private Investigator? Stryker provides the Best-in-Class professional asset search investigation services to law firms, private clients, and businesses. We offer both statewide and nationwide asset searches; of a business’s assets or an individual’s assets. Our asset investigation search can be conducted as pre-litigation, or as probate, during the estate discovery process. Whether you’re looking to conduct a pre-litigation / pre-judgment asset search, or you already have a civil judgment in place, and you need to find bank accounts, we can assist you. 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 and the legal environment.

We provide due diligence investigations of either a businesses economic profile or individual’s assets — an individual’s asset report will include; debts, available employment information, previous or pending lawsuits, 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 offer both statewide and nationwide asset searches; of a business’s assets or an individual’s assets. These asset searches are a two-part discovery process of both private and public information. We provide pre-litigation and post-judgment remedies to judgment creditors throughout the US.

EXPERT WITNESS EXPERIENCE

Expert witness rules vary by jurisdiction. See State Civil Procedure Rules. In federal courts, expert witness testimony is governed by Article VII of the Federal Rules of Evidence.

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 search 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 a solvent or honest debtors will want to pay soon after a judgment is entered. The judgment will show up on credit reports and will be a matter of public record. This will be a problem for any judgment debtor attempting to borrow money.

Working on behalf of our New York City NYC clients seeking to enforce civil judgments awarding financial damages or seeking the return of funds misappropriated by the use of conversion or other means. Stryker can identify missing or unknown assets, previously unknown or hidden bank, saving, brokerage or international accounts. Our experience includes multi-jurisdictional investigations involving offshore capital flight havens, creditor-unfriendly jurisdictions, complex investment group structures, 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; the First, is to determine the current status; Second, what are the consequences of a potential agreement.

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. 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-litigation asset searches are significantly cheaper than an asset search that provides banking or brokerage information. 

A Probate Asset Investigator can help counsel, surviving family members, the administrator of the estate or the executor find missing or unknown bank accounts and assist in identifying insurance policies. It is necessary for an estate’s executor to conduct a search for all of the decedent’s assets, including hidden assets, when preparing an estate inventory. 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

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 card 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 were ordered by the court. 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.

New York Bank Levy | Restraining Notice 

When a bank receives a notice of a levy, they must immediately freeze the debtor’s account. In addition to being unable to make a withdrawal, the bank account is frozen, any outstanding checks or automatic debit card payments won’t clear (unless there are enough exempt funds in the account). New York City NYC Marshal Department of Investigation Restraining Notice signed by the Court Clerk on the bank to stop the Debtor from withdrawing money.  If the Debtor has a bank account: The Judgment Creditor can serve a Restraining Notice signed by the Court Clerk on the bank to stop the Debtor from withdrawing money. A Restraining Notice can also be used to stop someone who owes money to the Debtor from paying it back until your debt is paid. If the Debtor has a job: The Creditor can use an Income Execution to make the Debtor’s boss pay part of the Debtor’s salary to him or her. This is called garnishment or Restraining Notice. The Creditor fills out an Income Execution form and has it signed by the Court Clerk. Then the Creditor gives the Income Execution to an Enforcement Officer. 

Wage garnishment laws. New York State law limits the amount that a creditor can garnish (take) from the debtor’s wages for repayment of debts. New York State wage garnishment laws (commonly called income executions in New York) are only slightly more restrictive than federal law. For the most part, creditors with judgments can only take up to 10% of the debtor’s gross wages. 

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 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-owner’s 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. 

Community Property States

In the United States, there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska is an opt-in community property state that gives both parties the option to make their property community property. The rest of the states have adopted what is known as Equitable Distribution Uniform Marriage and Divorce Act §307 (UMDA §307). Under the Equitable Distribution rule, marital property is fairly divided between the parties. Marital misconduct is not a factor in the decision-making process.

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.

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 completely 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 team provides financial investigative expertise for class actions, civil litigations, regulatory enforcement proceedings, and white-collar criminal matters.

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)

LOOKING FOR A NEW YORK ASSET SEARCH PRIVATE INVESTIGATOR 800 733-1950 Asset Searches and Related Investigations by a Private Investigator can legally be conducted Nationally – We provide services in NEW YORK – NEW YORK CITY  Albany, Brooklyn, Queens, Central Park N, Manhattan, Upper Manhattan, Park Ave, Lower Manhattan, FDR Drive, Bronx, Brooklyn, Staten Island, Long Beach, Long Island, Lido, Syracuse, Rochester, Binghamton, Buffalo, Oceanside, Richmond, Yonkers, Hudson Valley, Hudson, Montgomery, Lake Erie in upstate New York, Niagara Falls, Rochester, Lake Ontario, Adirondack Mountains, NEW YORK ASSET SEARCH PRIVATE INVESTIGATOR 800 733-1950 West New York,  | New Jersey Private Investigator Asset Search, Jersey City, Elizabeth, Newark, Rutherford, East Rutherford, City of Orange, Atlantic City, Englewood, Paramus, Ridgewood Village Bergen County, Township of North Bergen, NJ, Fort Lee, Hackensack, Hoboken, New Jersey | Pennsylvania Private Investigator  | Private Investigator national bank account search, find hidden bank accounts, judgment collections, recovery of a judgment, bank balance check, bank levy, wage garnishment, asset search, real property search, pre-litigation asset search, Call and talk to a professional investigator | Massachusetts Private Investigator Boston Asset Search | Asset Search Private Investigator | Michigan Asset Search Private Investigator Call and talk to a professional investigator | Connecticut Private Investigator Hartford West Hartford, New Haven, Middletown, | Portland, Augusta, Bangor, Maine | Rhode Island, Providence Asset Search Private Investigator | Indiana Indianapolis, Gary, South Bend, Michigan City Call and talk to a professional investigator  NEW YORK ASSET SEARCH PRIVATE INVESTIGATOR 800 733-1950