by Joe Hoover
Enter “Free Criminal Records Search” in Google. Click on one of the listings. Enter your subject’s name (this could be the only information that you have), and other personal information, your subject has provided. Your search results could be in the hundreds, depending on how common the name is and the breadth of your search area (a county, state or national search). How do you identify which one is your subject?
Know this: There is a big difference between a “Criminal Records Search” and a “Criminal Background Check”. A “Criminal Records Search” is searching a single database with the identifying information that you have been provided. A “Criminal Background Check”, on the other hand, will discover and verify your subject’s personal information, thereby establishing positive identity, plus searching a variety of databases.
Criminals are experts at supplying you with bogus information. They use aliases and variations of their name, change around or alter their date of birth, change their social security number and leave out past addresses. How would you know these things, unless you had done a basic background check and address history search on them?
Even if you have established positive identification, what have you accomplished? You have searched a database, but what is the source of that database? Which states and counties contribute to that database? More importantly, which ones do not? There is no National Criminal Database and all databases are not created equal. Some are up-to-date, others are out-of-date. Some pay data brokers for a “data dump” once or twice a year. What if your subject committed a crime in the recent past? Would this show up on a free search? Most likely not! Read Full Article
For more information on conducting a criminal background check, read this article: How To Search Criminal Records.
To order a complete criminal background check, visit our website at HowtoInvestigate.com.
Article provided by: Investigative Professionals LLC ©, Information Providers
HowToInvestigate.com for individuals
InvestigativeProfessionals.com for businesses
Saturday, October 24, 2009
Friday, May 22, 2009
Criminal Records - Forciable Entry & Detainer
What does a "Forcible Entry and Detainer" filing mean? Did the subject break into a residence?
According to D.L. Drain, an Arizona attorney, Forcible Entry and Detainer is an action that a landlord or new property owner can take if the existing occupant refuses to leave after appropriate notice.
This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different depending on whether the property is residential or non-residential.
The tenant/occupant receives a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise.
After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a very short notice period before a court hearing.
The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
The court will enter an order directing the tenant/occupant to vacate within 5 judicial days. After that period has expired the Sheriff's office can then evict the tenants/occupants, remove their personal property and give the rightful owner possession and control of the property.
http://www.dianedrain.com/RealProperty/ForcibleEntryDetainer/FEDFAQ/FEDFAQ.htm
According to D.L. Drain, an Arizona attorney, Forcible Entry and Detainer is an action that a landlord or new property owner can take if the existing occupant refuses to leave after appropriate notice.
This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different depending on whether the property is residential or non-residential.
The tenant/occupant receives a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise.
After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a very short notice period before a court hearing.
The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
The court will enter an order directing the tenant/occupant to vacate within 5 judicial days. After that period has expired the Sheriff's office can then evict the tenants/occupants, remove their personal property and give the rightful owner possession and control of the property.
http://www.dianedrain.com/RealProperty/ForcibleEntryDetainer/FEDFAQ/FEDFAQ.htm
Thursday, October 11, 2007
Searching Databases - Tips & Tricks
How to Pin Down Your Subject
You will need to know how the system works to be effective. First, know how the databases are indexed. Public records are generally indexed by NAME. Some records searches, like Criminal Records Searches, require NAME and DOB, or at least YOB.
Proprietary databases require the SSN for some searches, like Credit Header searches, to verify a person's identification, and Trace Detail Searches to compile address history, possible associates and relatives. Also for confirming vehicle ownership, bankruptcies, liens and judgments.
More >>
Saturday, June 02, 2007
HOW TO CONDUCT A BASIC BACKGROUND CHECK
By: Joe Hoover, Anni Adkins and Dr. Lew Deitch
June 1, 2007
June 1, 2007
In the not-too-distant past, people were raised and spent their lives in small towns or localized city neighborhoods, often living among the same neighbors for all or most of their lives. Everyone knew his or her neighbors, and that personal intimacy lasted a lifetime. Today’s world however, is highly mobile. Few people live in the same locale for very long, and so many of our interpersonal relationships grow out of cyberspace where a person can become anyone they wish to be. In such a transient society, trust is no longer a matter of faith, but often must be verified, especially in matters of the workplace, business relationships and property rental.
Conduct a complete Basic Background Check online now.
Conduct a complete Basic Background Check online now.
Background investigations are performed for business or personal reasons, and the depth and breadth of information available can often make the difference between success and failure in a variety of relationships. The reality of 21st century interpersonal relationships requires informed decisions to enable the protection of companies, employees, families, property or investments.
Business background checks are most often performed when hiring employees, managing rental property, conducting business with other companies, investing in a business venture or attempting to collect on a business debt. Personal background checks are essential when an individual is going to be given access to one’s home or property as a result of performing a service or being hired as an employee.
The unprecedented access to technology enables people to either steal or manufacture identities with great ease. Therefore it is essential to utilize background checks, gleaning as much information as possible to confirm an individual’s identity before becoming involved with them. The old expression “it is better to err on the side of caution” has more meaning today than ever in the past.
For more information regarding the various types of background checks available, please read the in-depth articles in the following links: Employee Background Checks, Tenant Screening, Business Background Checks, Asset Searches and Criminal Records.
The steps shown below provide the procedural basis for conducting background checks, whether for business or personal use. However, keep in mind that when conducting a business background check, most often there is a signed application permission form that enables access to certain specific records that otherwise cannot be accessed.
Read More >>>
The unprecedented access to technology enables people to either steal or manufacture identities with great ease. Therefore it is essential to utilize background checks, gleaning as much information as possible to confirm an individual’s identity before becoming involved with them. The old expression “it is better to err on the side of caution” has more meaning today than ever in the past.
For more information regarding the various types of background checks available, please read the in-depth articles in the following links: Employee Background Checks, Tenant Screening, Business Background Checks, Asset Searches and Criminal Records.
The steps shown below provide the procedural basis for conducting background checks, whether for business or personal use. However, keep in mind that when conducting a business background check, most often there is a signed application permission form that enables access to certain specific records that otherwise cannot be accessed.
Read More >>>
Investigative Professionals LLC ©, Information Providers
Saturday, May 19, 2007
HOW TO CONDUCT A CRIMINAL RECORDS BACKGROUND CHECK
By: Joe Hoover, Anni Adkins and Dr. Lew Deitch
May 15, 2007
Why conduct a criminal records check? This is a question that many prospective employers, landlords or business people ask when first considering an individual for employment, property rental or as a business associate. People often put too much faith in a resume, a simple background check or contacting referees. In today’s society, it is necessary to follow through with a criminal records check to be absolutely certain that the person under consideration is as trustworthy as they may appear to be from an initial interview or check of their paperwork.
A complete Criminal Records Background Check may be run using our connections to a large network of databases.
The following are examples of imperative reasons why a criminal records check is of paramount value:
1. Workplace Violence – Acts of violence against a co-worker or a member of the public can be devastating. Even the simple threat of violence can cause panic or havoc. Workplace or residential safety is a major concern to employers, landlords and those who work or reside on the premises. A background check may often reveal a record of past violence, which could be a deciding factor in deciding upon a person’s character, as often there is a propensity to re-offend in the future. Prevention of workplace or neighborhood violence means thoroughly pre-screening all new applicants.
2. Negligent Hiring – Employers have been the subject of large jury verdicts for negligent hiring in cases where they hire a person with a criminal record who later harms others. An employer who hires someone who is dangerous or unfit for a job, or who hires a person with a criminal record, can be found liable for negligent hiring.
3. Employers Legal Duty – To insure a safe workplace, employers should exercise due diligence in the hiring process by making reasonable inquiries about who they hire. As well as being an important
preventative measure, checking criminal records demonstrates due diligence. The same need for due diligence can be applied to landlords if they rent to a tenant who later is proven to have been responsible for property loss, damage or violence against others.
4. Childcare Institutions, Nursing Homes, and Hospitals
– Caregiver institutions should exercise extra caution when recruiting personnel. Does the prospect have a record of child molestation or a history of violent behavior or drug abuse? Once again, these institutions can be held liable for any harm brought to their clients or patients by an employee who was not properly screened. And jury awards in such cases can be devastating to the institution.
5. Government Contractors – Industries that execute government contracts will not hire employees with an anti-establishment disposition or with a felony record or a terrorist connection. It is important for such contractors to conduct criminal background checks for both national security and to guard against loss of their contracts.
6. Neighborhood Communities – Community watch groups or homeowner’s associations should conduct criminal record checks to assure that individuals planning to move in do not have a criminal background or a history of complaints to local law enforcement authorities. Such checks help to insure the continuation of a peaceful and safe residential community.
7. The Internet – The biggest dangers one confronts online are frauds and sex crimes. Face-to-face meetings set up after online acquaintances develop can end up as an unpleasant or dangerous experience for one party. A criminal background check helps one to avoid such a scenario.
Read More >>>
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
May 15, 2007
Why conduct a criminal records check? This is a question that many prospective employers, landlords or business people ask when first considering an individual for employment, property rental or as a business associate. People often put too much faith in a resume, a simple background check or contacting referees. In today’s society, it is necessary to follow through with a criminal records check to be absolutely certain that the person under consideration is as trustworthy as they may appear to be from an initial interview or check of their paperwork.
A complete Criminal Records Background Check may be run using our connections to a large network of databases.
The following are examples of imperative reasons why a criminal records check is of paramount value:
1. Workplace Violence – Acts of violence against a co-worker or a member of the public can be devastating. Even the simple threat of violence can cause panic or havoc. Workplace or residential safety is a major concern to employers, landlords and those who work or reside on the premises. A background check may often reveal a record of past violence, which could be a deciding factor in deciding upon a person’s character, as often there is a propensity to re-offend in the future. Prevention of workplace or neighborhood violence means thoroughly pre-screening all new applicants.
2. Negligent Hiring – Employers have been the subject of large jury verdicts for negligent hiring in cases where they hire a person with a criminal record who later harms others. An employer who hires someone who is dangerous or unfit for a job, or who hires a person with a criminal record, can be found liable for negligent hiring.
3. Employers Legal Duty – To insure a safe workplace, employers should exercise due diligence in the hiring process by making reasonable inquiries about who they hire. As well as being an important
preventative measure, checking criminal records demonstrates due diligence. The same need for due diligence can be applied to landlords if they rent to a tenant who later is proven to have been responsible for property loss, damage or violence against others.
4. Childcare Institutions, Nursing Homes, and Hospitals
– Caregiver institutions should exercise extra caution when recruiting personnel. Does the prospect have a record of child molestation or a history of violent behavior or drug abuse? Once again, these institutions can be held liable for any harm brought to their clients or patients by an employee who was not properly screened. And jury awards in such cases can be devastating to the institution.
5. Government Contractors – Industries that execute government contracts will not hire employees with an anti-establishment disposition or with a felony record or a terrorist connection. It is important for such contractors to conduct criminal background checks for both national security and to guard against loss of their contracts.
6. Neighborhood Communities – Community watch groups or homeowner’s associations should conduct criminal record checks to assure that individuals planning to move in do not have a criminal background or a history of complaints to local law enforcement authorities. Such checks help to insure the continuation of a peaceful and safe residential community.
7. The Internet – The biggest dangers one confronts online are frauds and sex crimes. Face-to-face meetings set up after online acquaintances develop can end up as an unpleasant or dangerous experience for one party. A criminal background check helps one to avoid such a scenario.
Read More >>>
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
Friday, April 20, 2007
HOW TO CONDUCT AN EMPLOYEE BACKGROUND CHECK
Written by Joe Hoover, Anni Adkins and Dr. Lew Deitch
WHY CONDUCT AN EMPLOYEE BACKGROUND CHECK?
Employees are an important asset to a company or small business. They essentially are the driving force behind production or services rendered. Often employees are the representatives of the business, especially when dealing with customers or clients. Therefore it is vital to the success and well-being of any business to make certain that its employees are honest, responsible and reliable. Employee background checks are vital to that objective. They are the key to insuring that the company or small business has performed its due diligence in the hiring process.
A complete Employment Background Check. can be run using our connections to a large network of databases.
Most employers are aware that an application for a position being offered may often contain false or misleading information. In many instances, the application for a position looks so right that it leads one to ask, “Here’s an applicant who meets our company’s standards and appears to be just who we are looking for. Is the information provided accurate and truthful? Has the applicant omitted any important details?” There is no way to answer these questions without conducting a thorough background check.
At present, 28 states subscribe to a negligent hiring doctrine. Employers can be held responsible for any criminal acts committed by an employee. This is especially risky if the employee is going to be visiting the homes of customers or clients in any capacity that represents the company or business.
If it becomes necessary to discharge an employee, the employer can be held accountable for lost wages or damages if the employee files charges or a suit for what is claimed as wrongful firing.
THE EMPLOYMENT APPLICATION
The initial step in screening a prospective employee starts with a signed employment application. It is essential that the application include a “Release of Information Statement.” The signed release grants the employer the right to access educational, credit, medical, worker’s compensation, police, criminal and court records. Without a signed release, it is exceptionally difficult to verify the information provided on the written application or any statements made during an initial oral interview.
The Employment Application should ask for the following information:
1. Applicant’s full name and social security number
2. Applicant’s age, date and place of birth
3. Applicant’s current address and telephone number
4. Is current residence a rental or does the applicant own it?
5. Applicant’s past addresses for the last 10 years
6. Name and address of landlords for past 10 years, if applicable
7. Applicant’s educational background and highest degree earned
8. Applicant’s military service record, date and type of discharge
9. Applicant’s passport number and date of expiration, if applicable
10. Name, address and telephone number of current employer
11. Names and addresses of employers for the past ten years
12. Name and address of current bank
13. Three credit references
14. Driver’s license number, state of issue and expiration date
15. Professional licenses or certifications
16. List of vehicles or real property owned
17. Names, addresses and telephone numbers of three relatives not living with applicant
18. Names, addresses and telephone numbers of three personal references
Read More >>>
Employee Screening - Sample Release of Information Forms
PDF File: Application for Release of Information
Word File: Application for Release of Information
PDF File: Application & Notification for the Release of Information
Word File: Application & Notification for the Release of Information
WHY CONDUCT AN EMPLOYEE BACKGROUND CHECK?
Employees are an important asset to a company or small business. They essentially are the driving force behind production or services rendered. Often employees are the representatives of the business, especially when dealing with customers or clients. Therefore it is vital to the success and well-being of any business to make certain that its employees are honest, responsible and reliable. Employee background checks are vital to that objective. They are the key to insuring that the company or small business has performed its due diligence in the hiring process.
A complete Employment Background Check. can be run using our connections to a large network of databases.
Most employers are aware that an application for a position being offered may often contain false or misleading information. In many instances, the application for a position looks so right that it leads one to ask, “Here’s an applicant who meets our company’s standards and appears to be just who we are looking for. Is the information provided accurate and truthful? Has the applicant omitted any important details?” There is no way to answer these questions without conducting a thorough background check.
At present, 28 states subscribe to a negligent hiring doctrine. Employers can be held responsible for any criminal acts committed by an employee. This is especially risky if the employee is going to be visiting the homes of customers or clients in any capacity that represents the company or business.
If it becomes necessary to discharge an employee, the employer can be held accountable for lost wages or damages if the employee files charges or a suit for what is claimed as wrongful firing.
THE EMPLOYMENT APPLICATION
The initial step in screening a prospective employee starts with a signed employment application. It is essential that the application include a “Release of Information Statement.” The signed release grants the employer the right to access educational, credit, medical, worker’s compensation, police, criminal and court records. Without a signed release, it is exceptionally difficult to verify the information provided on the written application or any statements made during an initial oral interview.
The Employment Application should ask for the following information:
1. Applicant’s full name and social security number
2. Applicant’s age, date and place of birth
3. Applicant’s current address and telephone number
4. Is current residence a rental or does the applicant own it?
5. Applicant’s past addresses for the last 10 years
6. Name and address of landlords for past 10 years, if applicable
7. Applicant’s educational background and highest degree earned
8. Applicant’s military service record, date and type of discharge
9. Applicant’s passport number and date of expiration, if applicable
10. Name, address and telephone number of current employer
11. Names and addresses of employers for the past ten years
12. Name and address of current bank
13. Three credit references
14. Driver’s license number, state of issue and expiration date
15. Professional licenses or certifications
16. List of vehicles or real property owned
17. Names, addresses and telephone numbers of three relatives not living with applicant
18. Names, addresses and telephone numbers of three personal references
Read More >>>
Employee Screening - Sample Release of Information Forms
PDF File: Application for Release of Information
Word File: Application for Release of Information
PDF File: Application & Notification for the Release of Information
Word File: Application & Notification for the Release of Information
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
Tuesday, April 10, 2007
HOW TO CONDUCT AN ASSETS SEARCH - PART TWO - LOCATING HIDDEN ASSETS
By: Joe Hoover, Anni Adkins and Dr. Lew Deitch
April 10, 2007
When an individual or a company wishes to avoid being exposed to the possibility of paying out money for judgments resulting from a lawsuit or in personal matters such as alimony or child support, it is not uncommon for substantial assets to be hidden in a variety of ways. This part of the report on locating hidden assets details the manner in which assets can be camouflaged or totally concealed.
An Asset Search can be run immediately using our connections to a large network of databases.
Any type of asset can be hidden, including real property, jewelry, stocks, bonds, vehicles, pleasure craft and the most liquid of all assets – money. When an asset is moved or transferred with the intention to defraud, hinder or delay discovery by anyone classified as a creditor, it is then considered to be a hidden asset. This includes hiding of funds from family members attempting to collect on such payments as child support or alimony.
The most difficult of all hidden assets to reach are those that are placed outside of the country in what are called offshore accounts. Certain countries such as the Bahamas, Cayman Islands and Switzerland are known for their discretionary banking laws in which secrecy rules. And these countries do not recognize claims made against assets through courts in other nations. Thus assets hidden in offshore accounts are essentially to be forgotten about by those seeking to enforce judgments, or collect on debts or child support.
WHAT KINDS OF ASSETS ARE HIDDEN
Most hidden assets are of the liquid variety – bank accounts, stocks, bonds and mutual funds. In most instances liquid assets are transferred into the name of a spouse, other relative, friend or business entity. In the most extreme cases, the funds are transferred into accounts in offshore banks where they cannot be touched under the laws of the United States.
Liquid assets can also be hidden by placing them into safety deposit boxes in the names of relatives or friends or an alias. Another method for hiding cash is to convert it into traveler’s checks, savings bonds or stockbroker accounts. Still another method of ridding oneself of cash, but still retaining the value, is to use the liquid asset to pay down a mortgage, overpaying the Internal Revenue Service or pay down credit card balances.
Sometimes a liquid asset is converted into personal property such as works of art, collectibles or antiques. Unless those items are hidden, they can be attached as part of an award in a court ordered judgment, but collection of the property can be difficult to accomplish.
Real property, vehicles, boats, planes and other so-called “personal toys” can also be hidden for the same reasons as liquid assets. When facing a lawsuit, which could lead to a judgment, many people attempt to hide these forms of property by transferring ownership and title to the property to another person or entity.
Read More >>>
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
April 10, 2007
When an individual or a company wishes to avoid being exposed to the possibility of paying out money for judgments resulting from a lawsuit or in personal matters such as alimony or child support, it is not uncommon for substantial assets to be hidden in a variety of ways. This part of the report on locating hidden assets details the manner in which assets can be camouflaged or totally concealed.
An Asset Search can be run immediately using our connections to a large network of databases.
Any type of asset can be hidden, including real property, jewelry, stocks, bonds, vehicles, pleasure craft and the most liquid of all assets – money. When an asset is moved or transferred with the intention to defraud, hinder or delay discovery by anyone classified as a creditor, it is then considered to be a hidden asset. This includes hiding of funds from family members attempting to collect on such payments as child support or alimony.
The most difficult of all hidden assets to reach are those that are placed outside of the country in what are called offshore accounts. Certain countries such as the Bahamas, Cayman Islands and Switzerland are known for their discretionary banking laws in which secrecy rules. And these countries do not recognize claims made against assets through courts in other nations. Thus assets hidden in offshore accounts are essentially to be forgotten about by those seeking to enforce judgments, or collect on debts or child support.
WHAT KINDS OF ASSETS ARE HIDDEN
Most hidden assets are of the liquid variety – bank accounts, stocks, bonds and mutual funds. In most instances liquid assets are transferred into the name of a spouse, other relative, friend or business entity. In the most extreme cases, the funds are transferred into accounts in offshore banks where they cannot be touched under the laws of the United States.
Liquid assets can also be hidden by placing them into safety deposit boxes in the names of relatives or friends or an alias. Another method for hiding cash is to convert it into traveler’s checks, savings bonds or stockbroker accounts. Still another method of ridding oneself of cash, but still retaining the value, is to use the liquid asset to pay down a mortgage, overpaying the Internal Revenue Service or pay down credit card balances.
Sometimes a liquid asset is converted into personal property such as works of art, collectibles or antiques. Unless those items are hidden, they can be attached as part of an award in a court ordered judgment, but collection of the property can be difficult to accomplish.
Real property, vehicles, boats, planes and other so-called “personal toys” can also be hidden for the same reasons as liquid assets. When facing a lawsuit, which could lead to a judgment, many people attempt to hide these forms of property by transferring ownership and title to the property to another person or entity.
Read More >>>
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
HOW TO CONDUCT AN ASSETS SEARCH - PART ONE
By: Joe Hoover, Anni Adkins and Dr. Lew Deitch
April 10, 2007
People hide assets for a variety of reasons that range from personal to business in nature, but essentially they have property or money that they do not want discovered. Hiding of assets is not always a sign of criminal intent, but just as often it shows a moral or ethical failing in a subject’s character in that they feel there is a reason to hide all or a portion of their wealth from scrutiny.
This article delves into the concept of hidden assets and details a methodology for uncovering such property or wealth. An Asset Search can be run immediately using our connections to a large network of databases.
WHY CONDUCT AN ASSETS SEARCH?
There are clearly situations of a business or personal nature in which it is essential to check for the possibility of hidden assets. Knowledge of such assets can make a big difference in the establishment of grounds for particular types of interpersonal actions or the furthering of certain business relationships. And of course the law enforcement community needs to monitor underworld activities, a part of which is watching for laundered or hidden assets, especially those that might end up being removed to offshore accounts. Thus, an asset search is vital to full disclosure of resources in a variety of matters both civil and criminal. The primary reasons for an asset search in the private or family sector are evaluated below:
Entering into a New Business Venture – If one is considering investing in a new business, bringing a new investor into an existing company or contemplating a merger between companies, it is essential to conduct a thorough background check on the individual or corporation. Such a check also includes a comprehensive assets search.
Prior to Entering into a Lawsuit – It is important to conduct an assets search prior to filing suit against an individual or company to determine what assets or regular income is present in the event a judgment is ordered by the court (see below). It is not worth the cost of legal fees to file a suit against a person or company that will be unable to pay any court-ordered sum. It is also important to determine what assets or property could be attached on an uncontested basis once a judgment is issued, assuming victory in the suit. If the entity to be sued has nothing of value that can be taken, there is no point in entering into a suit.
Collecting on a Judgment – When the court order a sum of money to be paid as part of a civil action, a judgment is issued, this is simply a court order for the payment of funds. It is rare for the defendant to simply pay the amount ordered on the spot. The judicial system only orders payment, but collection is the responsibility of the plaintiff. A judgment will stand for ten years, but can be extended to become permanent. However, this requires that the defendant, who is now considered to be the debtor, be questioned in a deposition or hearing under oath regarding their financial status. If the debtor is going to surrender an item of property such as an automobile or boat, be certain to do an asset search before taking possession. If there are any liens against the property, taking possession may also bring with it liability for the lien.
Divorce – The finances involved in a divorce can often become rather complicated. It is not uncommon for a spouse to hide assets that would be open to dispute. An asset search of the party being divorced is very important to be certain that all assets are accounted for.
Child Support/Alimony – Public child support enforcement agencies are ill-equipped to locate parents who evade their child support obligations. Quite often the errant parent will attempt to hide assets, thus pleading an inability to meet child support or alimony payments. In child support cases, once the parent is located, information regarding their wages or any hidden assets should be given to the proper child support enforcement agency that can then facilitate collection.
Contestation of a Will – Quite often personal assets may be hidden and not disclosed in a will. Potential beneficiaries or those entitled to a claim against the estate should search for the possibility of hidden assets.
WHAT ARE ASSETS?
Everything that is owned is potentially an asset. Stocks, bonds, real estate, money in the bank, automobiles, RV’s, boats, airplanes and even household furnishings are all considered assets. Personal assets are classified as either being personal property or real property.
Tangible Personal Property – This includes vehicles, equipment, inventory, telephone systems, computers, bank accounts, stocks, bonds and paid insurance policies with cash value. Any items of value that a person or a company buys or comes into possession of constitute a tangible asset. Ownership is determined by possession unless the property must be licensed such as vehicles, boats or airplanes. For those types of property, the ownership is determined by title and registration. For all other property, a sales receipt or cancelled check can be used to determine ownership, but the courts have been guided by the belief that possession is nine tenths of the law.
Intangible Personal Property – This category includes patents, royalty agreements, promissory notes, contracts, accounts receivable, wages or other income.
Real Property – All homes, condominiums, apartment or commercial buildings and land are classed as real property. Only a residence that is protected by a homestead exemption is exempt from being attached. All other real estate is subject to claim through the courts.
Read More >>>
Part Two of this article covers the topic of hiding assets.
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
April 10, 2007
People hide assets for a variety of reasons that range from personal to business in nature, but essentially they have property or money that they do not want discovered. Hiding of assets is not always a sign of criminal intent, but just as often it shows a moral or ethical failing in a subject’s character in that they feel there is a reason to hide all or a portion of their wealth from scrutiny.
This article delves into the concept of hidden assets and details a methodology for uncovering such property or wealth. An Asset Search can be run immediately using our connections to a large network of databases.
WHY CONDUCT AN ASSETS SEARCH?
There are clearly situations of a business or personal nature in which it is essential to check for the possibility of hidden assets. Knowledge of such assets can make a big difference in the establishment of grounds for particular types of interpersonal actions or the furthering of certain business relationships. And of course the law enforcement community needs to monitor underworld activities, a part of which is watching for laundered or hidden assets, especially those that might end up being removed to offshore accounts. Thus, an asset search is vital to full disclosure of resources in a variety of matters both civil and criminal. The primary reasons for an asset search in the private or family sector are evaluated below:
Entering into a New Business Venture – If one is considering investing in a new business, bringing a new investor into an existing company or contemplating a merger between companies, it is essential to conduct a thorough background check on the individual or corporation. Such a check also includes a comprehensive assets search.
Prior to Entering into a Lawsuit – It is important to conduct an assets search prior to filing suit against an individual or company to determine what assets or regular income is present in the event a judgment is ordered by the court (see below). It is not worth the cost of legal fees to file a suit against a person or company that will be unable to pay any court-ordered sum. It is also important to determine what assets or property could be attached on an uncontested basis once a judgment is issued, assuming victory in the suit. If the entity to be sued has nothing of value that can be taken, there is no point in entering into a suit.
Collecting on a Judgment – When the court order a sum of money to be paid as part of a civil action, a judgment is issued, this is simply a court order for the payment of funds. It is rare for the defendant to simply pay the amount ordered on the spot. The judicial system only orders payment, but collection is the responsibility of the plaintiff. A judgment will stand for ten years, but can be extended to become permanent. However, this requires that the defendant, who is now considered to be the debtor, be questioned in a deposition or hearing under oath regarding their financial status. If the debtor is going to surrender an item of property such as an automobile or boat, be certain to do an asset search before taking possession. If there are any liens against the property, taking possession may also bring with it liability for the lien.
Divorce – The finances involved in a divorce can often become rather complicated. It is not uncommon for a spouse to hide assets that would be open to dispute. An asset search of the party being divorced is very important to be certain that all assets are accounted for.
Child Support/Alimony – Public child support enforcement agencies are ill-equipped to locate parents who evade their child support obligations. Quite often the errant parent will attempt to hide assets, thus pleading an inability to meet child support or alimony payments. In child support cases, once the parent is located, information regarding their wages or any hidden assets should be given to the proper child support enforcement agency that can then facilitate collection.
Contestation of a Will – Quite often personal assets may be hidden and not disclosed in a will. Potential beneficiaries or those entitled to a claim against the estate should search for the possibility of hidden assets.
WHAT ARE ASSETS?
Everything that is owned is potentially an asset. Stocks, bonds, real estate, money in the bank, automobiles, RV’s, boats, airplanes and even household furnishings are all considered assets. Personal assets are classified as either being personal property or real property.
Tangible Personal Property – This includes vehicles, equipment, inventory, telephone systems, computers, bank accounts, stocks, bonds and paid insurance policies with cash value. Any items of value that a person or a company buys or comes into possession of constitute a tangible asset. Ownership is determined by possession unless the property must be licensed such as vehicles, boats or airplanes. For those types of property, the ownership is determined by title and registration. For all other property, a sales receipt or cancelled check can be used to determine ownership, but the courts have been guided by the belief that possession is nine tenths of the law.
Intangible Personal Property – This category includes patents, royalty agreements, promissory notes, contracts, accounts receivable, wages or other income.
Real Property – All homes, condominiums, apartment or commercial buildings and land are classed as real property. Only a residence that is protected by a homestead exemption is exempt from being attached. All other real estate is subject to claim through the courts.
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Part Two of this article covers the topic of hiding assets.
Article provided by: Investigative Professionals LLC, ©2007 Information Providers
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