San Diego Asset Search

SAN DIEGO 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. Looking for a San Diego, California 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.

While working on behalf of our San Diego 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.

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.

PRE-LITIGATION DUE DILIGENCE

Pre-Litigation due diligence 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. 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 Investigator can help surviving family members, the administrator of the estate or the executor find missing or unknown bank accounts and assist in identifying insurance policies. 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.

Whether you’re looking to conduct a pre-litigation / pre-judgment asset search, or you already have a civil judgment in place, 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.

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. This is a comprehensive program that includes searches for assets such as bank, savings accounts brokerage, stocks, bonds, business partnerships.

These services are typically used as part of pre-trial litigation to formulate a strategic battle plan that can be used as leverage during the course of negotiations or to determine whether a lawsuit is economically worth pursuing.

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.

Bank Levy

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). 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. 

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)