There are a number of cost-effective means to investigate the debtor. This normally results from checking databases of public information like driver’s licenses, deeds, telephone records, car registrations, marriage licenses, etc. On cases that merit the expense, we use outside investigators to find the assets available for execution. This cost can run as little as five hundred dollars and can run as high as three or four thousand dollars. We are careful to analyze each situation before determining we should hire an investigator.
But our experience is that the client has a great deal of information that would be useful to us. What kind of car they drive, where they bank, who their girlfriend is, etc. These things are as valuable to us as the database information that we are able to acquire. We always encourage all clients to keep good records about their customers and debtors. You never know what information we will need.
- The Abstract
- Writ of Garnishment
- Post-Judgment Investigation
- Post-Judgment Written Discovery
- Post-Judgment Deposition
- Motion to Compel
- Motion for Contempt
- Arresting the Debtor
- Discovery Has No Limits
- Motion for Turnover
- Appointing a Receiver
- Writ of Execution
- Property Exempt from Execution
- Spousal Property
Questions About Post-Judgment Investigation
What does a post-judgment investigation involve?
We use a combination of public database searches and, when warranted, professional investigators to identify the debtor's assets. Public databases cover driver's license records, property deeds, vehicle registrations, telephone records, marriage licenses, and similar public information. For larger matters, we bring in investigators with access to additional sources. The goal is a complete picture of what the debtor owns and where it is.
How much does a post-judgment investigation cost?
Costs range from as little as $500 for basic database searches to $3,000–$4,000 for cases requiring professional investigators. We evaluate each matter carefully before recommending an investigation at the higher end of that range — it only makes sense when the likely recovery justifies the expense.
What information from the client is most useful to the investigation?
Often more than clients realize. What kind of car the debtor drives, which bank they use, who their significant other is, where they spend time, who their business partners are — this informal knowledge is as valuable to us as what we can find in databases. We always encourage clients to share everything they know about the debtor, no matter how minor it seems.
If I don't know where the debtor banks, can you still find out?
Often yes, through a combination of public records and post-judgment written discovery. Discovery forces the debtor to disclose their financial accounts under oath. If the debtor fails to disclose honestly, that becomes a contempt issue. If the debtor provides information, we now have the bank details we need for a garnishment.
Why do you recommend keeping records about customers before problems arise?
Because the information that is easy to obtain while the relationship is good becomes very difficult to obtain once the relationship has broken down. A copy of a check identifies the debtor's bank. A business card identifies their address. A contract identifies their legal name and business entity. All of this becomes enforcement intelligence later. We encourage every business client to maintain good records about every customer — not because they expect problems, but because the records are invaluable when problems occur.