Insurance Carriers, TPA’s, Law Firms, Employers & Municipalities
Asset Search Private Investigator 800 733-1950
PRIVATE INVESTIGATOR
Are you searching for a highly-qualified Private Investigator? At Stryker, we provide professional judgment enforcement remedies and investigation services to law firms and their attorneys. 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.
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. Stryker Investigation Services 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 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.
Does your Debtor have a Business?
If the debtor is a business with a cash register, the sheriff can go to the address of the business and take enough money out of the cash register to pay the judgment debt and the sheriff’s fee. First, complete a Writ of Execution (Form EJ-130), request the small claims clerk issue it, and take it to the sheriff. Then instruct the sheriff in writing to do a “till tap.” A typical sheriff’s fee for a till tap is $85, paid in advance to the sheriff. You must know the name and address of the business. If there isn’t enough money in the cash register to pay the judgment debt, you’ll have to request subsequent till taps and be prepared to pay another fee each time the sheriff goes back.
Put a “keeper” in the debtor’s business — If the judgment debtor is a
business, the sheriff will, for a fee, remain in the judgment debtor’s business establishment and take all the funds that come in until the judgment is paid. The keeper can collect cash, checks, and bank credit card drafts. You’ll need the name and address of the business. Complete a Writ of Execution (CA Form EJ-130), have the clerk issue it, and take it to the sheriff. Instruct the sheriff in writing that you desire to put a keeper in the business. You will need to pay the sheriff substantial fees up-front. If the debtor closes the business while the sheriff is there, you’ll have to pay another fee each time the sheriff goes back.
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 it on the next business day. Of course, under ideal circumstances, the depositor(s) can waive this waiting period.
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.
Call Stryker if you need a PI… stryker finds answers! Dan.Hawthorne
