© Joe H. Dickerson 2017.

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CREDITOR’S AND DEBTOR’S RIGHTS
Presentation transcript:

© Joe H. Dickerson 2017

Parameters for Buying Judgments (Portfolios) Spot Audit/Due Diligence Prior to Purchase Minimum/Maximum Dollar Amount Geographical Location of Debtor Has Seller Recovered Any Assets? Are there Guarantors? If so, are there judgments in file? Does guarantor own real estate with equity? Has the Statue Run – State by State Average Note Balance Assemble the Proper Enforcement Team

Obtaining a Judgment is One of the First Steps in the Recovery Process Issues to consider in judgment enforcement: Depending of the specifics of the case, what is the most cost- effective strategy that may be employed? What collections options exist and have they been explored? Has the judgment debtor engaged historically or subsequently in fraudulent activities?

Post-Judgment Service Options Docketing of Judgments Due Diligence Research if Not Done Pre-Judgment Settlement Negotiations if it Appears the Judgment Debtor has Significant Assets Garnishment of Earnings Garnishment of Brokerage and Bank Accounts Execution on Assets Bankruptcy Protection of Creditors’ Rights Foreclosure of Real Estate Liens Identification of Fraudulent or Illegal Asset Transfers

The Typical Approach vs The Typical Approach vs. the Financial Forensic Approach to Judgment Enforcement If you keep on doing what you have always done, you will keep on getting what you have always got! Here is a new and proven approach that works!

Typical Approach To Judgment Enforcement Interrogatories Subpoena DT Debtors Exam

Shortcomings of the Typical Approach Interrogatories Limited Questions – No Follow-up Opportunities Limited Questions – No Details

Shortcomings of the Typical Approach (Cont.) Depositions You Do Not Know Everything to Ask For They Never Produce Everything They Lie They Promise to Produce Later but Never Do

Shortcomings of the Typical Approach (Cont.) Both Interrogatories & Debtor(s) Exams are often Counter-Productive

Financial Forensic Approach to Judgment Enforcement If the Judgment is based on Fraud it is not Dischargeable in Bankruptcy

Comprehensive Research Addresses Phones Driver’s Licenses Vehicle Registration Business Affiliations Professional Licenses Hunting/Fishing Licenses Bankruptcies Liens & Judgments UCC Filings Properties Owned What Can We Learn?

Comprehensive Research (Cont.) Addresses Occupant(s) Owner(s) If Different may be Rental If Business – Research Name May be Owned by Debtor If so, Search for Bank Accounts and Other Assets May Help Prove or Disprove Homestead

Comprehensive Research (Cont.) Phones Subpoena Long Distance Calls Offshore Relationship(s) Business Associates Lodging(s) Hotels Charges Payment(s) Calls (May Not Want to Appear on Cell Phone Bills) Casino(s) – Credit Balance

Comprehensive Research (Cont.) Driver’s License Date of Birth Physical Description Address(s) May Be Mail Drop May Help Prove or Disprove Homestead Tickets Vehicles – Ownership & Lien Subpoena Credit Application Subpoena Payment Instructions

Comprehensive Research (Cont.) Vehicle Registration(s) Name(s) & Dates of Birth Make and Model of Vehicle Address(s) Value of Vehicle State of Registration(s) Lien Holder(s) – If Fairly Recent, Subpoena Application and Payment History Earliest Date Latest Date Expiration

Comprehensive Research (Cont.) Business Affiliations Name(s) Title(s) Social Security Numbers Company(s) FEIN/TIN Dates (From/To)

Comprehensive Research (Cont.) Professional License Realtor Doctor Contractor Nurse Accountant Engineer Etc.

Comprehensive Research (Cont.) Hunting/Fishing License(s) Type State(s) Date(s)

Comprehensive Research (Cont.) Bankruptcies Case Number(s) Dates Filed Chapter Disposition Date Disposition Dismissed/Discharged Judge Assigned Court Location Trustee

Comprehensive Research (Cont.) Liens & Judgments File Number Filing Type Location (Court) State(s) File Date Amount(s) Debtor name (Person and/or Entity) Debtor Social Security Number Debtor Address(s) Creditor Address(s)

Comprehensive Research (Cont.) UCC Filings Filing Jurisdiction (County or State) Filing Number Filing Type (New, Renewal, Release) Filing Date & Expiration Date Filing Agency (Person or Entity) Filer’s Address(s) Debtor Party(s) Debtor Address Collateral Second Party(s)

Comprehensive Research (Cont.) Properties Owned Parcel Number Property Address Owner Name(s) Owner Address(s) Property Values (Assessed Value & Market Value) Land Value Improvement Value Legal Description

Benefit(s) of the Financial Forensic Research From the Financial Forensic Research, it can be determined if the Judgment Owner should invest in Judgment Enforcement with a good likelihood of Success!

-------�-, Safe Deposit Box: Signature Card & Opening Records ucc Filings Defense Attorney: Garnish & Subpoena all payment instruments Personal / Business Credit Reports Loan & Mortgage Applications 1@a1:1u1n1·1NIM·lli'HFll•J'illl Treasury Management Information FBAR Reports Intermediary Bank Discovery Safe Deposit Box: Signature Card & Opening Records All Credits for 24 Months All Debits for 24 Months Loan Applkation Landlord or Mortgage Co. Lender for Home Loan -------�-, Wire Transfers Break Order Payments from Various Sources 24 Months of Payment Instruments 1 Person/Business Financial Statements Authorization Loan Application Wire Transfers Paper Tax Returns Ta>C Returns Rental Payments Voice Recordings Banks Mortgage Co. Real Estate Vehicles Personal Property Financial Salary Interest Real Estate Partnerships Securities Address Statements Real Estate Money Orders Title to Off-Shore Real Estate Brokerage Accounts Cashiers Checks Homeowner Insurance Company Name of Co. Address of Co. Policy No. Trust Distributions ._ Investments Trust Securities Private Entities Accounts Receivable Accounts Payable Checks Accountant Trust SSN Ta>CJD Dependant Offshore Banks Trust Instrument Country Club Membership Scheduled Personal Property Furs Art Antiques Etc. Investments Brokerage Writ of Attachment Offshore Entities © 2015 Financial Forensic Services, LLC Offshore Bank Offshore Insurance Co.

Any Questions? For a copy of this presentation or to discuss your Debt or Judgment Enforcement: Send an email to: Joe@FinancialForensicServices.com  Call us at 303-974-5610