- Dean Smith
Assets: Reasons for Locating and the Tools to Acquire
Preparation for Litigation – If you are on the road to litigation against a party, finding out if the party can pay for the damages is the ultimate goal of the case. Conducting an asset investigation and taking a proactive approach will give you the insight needed to determine if the party will be able to adequately cover the damages BEFORE the legal fees start to pour in.
During Litigation – If an asset investigation had not been conducted prior to the start of litigation and the opposing side is claiming they simply do not have any assets, a comprehensive asset investigation will confirm or deny the claim, but the investigation will also uncover any assets that had been hidden or transferred to another family member, friend, etc. in order to keep them hidden.
Living Beyond Means – The biggest indicator of investment fraud, or the biggest indicator that the opposing partner should be able to pay damages, is the clear ability for the subject to be living beyond his or her means. Big homes, big cars, big boats, etc.
Due Diligence – Due Diligence Investigations are designed to evaluate the background and reputation of a potential business partner(s) before entering into a financial relationship. A look into the assets of an individual during a Due Diligence Investigation will help you determine the actual worth of the assets and their origin.
Internal Affairs – Corporations use internal investigations for employees that have access to large sums of money or checks that they may be embezzling, or employees that may even be receiving kickbacks from clients. Asset investigations are a good way to see where missing money is going.
Loans – Financial institutions or private parties may want some reassurance before accepting to lend. Also, these assets may be a lifeline to recovering payment if the party defaults.
Divorce – During divorce proceedings, an asset investigation will be able to uncover if a party has hidden assets that the opposing is entitled to.
Judgments – Court-ordered judgments ensure that you are entitled to payment, but an asset investigation will help locate the opposing party in order to collect.
Leverage – When negotiating with an opposing party, using an asset investigation will give you a better understanding of their finances, allowing you to ultimately decide to pursue a bigger settlement or otherwise.
Executive Background Investigations – To fight off potential fraud in the long run, screening executives that may be living beyond means or experiencing financial difficulty with asset investigations is a proactive approach.
There is absolutely no way, by law (unless court-ordered or proper authorization is provided), that we can acquire bank records. But our proprietary databases in conjunction with public records allow us to find assets under the parameters of the law:
Real Property Ownership
Motor Vehicle Registrations.
Patents and Trademarks