Asset Search

I have a lawsuit for $82,500 plus expenses against an individual in PA. He is now selling his house and getting ready to move out of state. Is there a legal and inexpensive way to do an asset search? I want to get some of his assets frozen prejudgment - it's a clearcut case.

The OJ Simpson case was clear cut, too. Enough said.

I have never heard of an individual freezing another individual's assets. Corporations, banks, etc do it when they believe embezzlement is being committed, but you don't have the right to peruse someone else's financial records, regardless of how "right" you think your case is. Furthermore, how much money (assets) he has is irrelevant, unless you have a judgment against him and he is stating to the court he cannot pay you due to lack of funds. Your simply having a prurient interest in the mans finances really is a moot point.

The only case I am familiar with that even faintly resembles this involved a couple who started a non-profit agency and accepted donations to remodel a children's home they were going to use to house children in crisis. They changed their mind after the renovations were completed, and sold the house, pocketed the money and were leaving the country. We obtained an injunction from a judge to keep them from selling the house until the case could be heard. And we were successful. However, neither of you are a corporation. So, I can't imagine justifying perusing his personal records ( legally ) nor can I imagine any court allowing this type of punitive action against him before a trial.

I don't mean to say what you are asking for has NEVER happened---only that I have never heard of it. Have your day in court---be heard, and let the judge decide. If you are convinced of the legitimacy of your position, you have nothing to fear letting him have his day in court, too. Good luck.

Unnecessary comment on your part. If you are unable to answer the question, there is no need to respond. This question was obviously outside your lane of expertise.

I am going to have my lawyer petition the court to attach prejudgment assets, which is a legal method of ensuring that I will be able to recover some money after the judgment. And it also up to the judge to decide whether or not to attach the defendant's assets, not me and certainly not you. Several months ago (prior to the discovery phase of the case), my lawyer previously stated that this was a legal option - I guess it's a good thing that I went with him to represent me.

Due to the fact that the case involves greater than $50,000, there is a one year waiting period after the final complaint is filed before a court date can be set. Unfortunately, the defendant has been using the legal system to stall - 6 months of BS preliminary objections.
While I want both of us to have our day in court, I do not seek a pyrrhic victory where I receive no money for my troubles. It is unfortunate that the legal system allows this to occur because of too many plaintiffs' lawyers not seeking attachment of prejudgment assets.
While the Uniform Fraudulent Transfer Act is a nice piece of paper, it does very little for the plaintiff after the defendant has hidden all of his assets. Since she mentioned the criminal side of the OJ case, would GentleGrace care to comment on how much the Goldman family has received in compensation from OJ in the civil verdict?

To give everyone a bit more detail on the case, I am suing an LLC along with the single owner of the LLC. I should have no problem piercing the corporate veil - I have records indicating severe undercapitalization, comingling of assets and a statement from the LLC's accountant that most records were not supplied in order to make an acceptable accounting statement (ie not following corporate formalities). I meet all criteria necessary to pierce the corporate veil. Now, to boot, it appears that there appears to have been embezzlement on the part of the owner of the LLC; my lawyer is obtaining a subpoena to get details on a particularly odd bank transaction.

I have already had access to some of his information in the discovery phase, but a simple accounting indicates that many of the documents supplied were falsified with respect to income statements. None of this will be difficult to prove to a judge.

OK, once again, for anyone who can actually answer the question. Does anyone know of any legal and inexpensive way to do an asset search? I know how to do an inexpensive illegal asset search. I'm looking for a legal method. I have all TINs and SSNs so it should not be a cumbersome process.

Thanks in advance.

You obviously missed the point of the "OJ" comment. The point was---nothing is ever as cut and dried as it seems when it comes to matters of the law. And, I did not reference the "criminal" side of the OJ case. I referenced it in its entirety. I think the civil proceedings were as egregious as the criminal trial.

Did you even READ the rest of the posting?

I didn't think so.

You also identified the object of your interest as an "individual". Now, you are saying it ISN'T just "an individual". Obviously, a completely different scenario. Had your interest been in a mere "individual", my answer would be correct---regardless of your dismissive attitude.

Your second posting says, "I am going to have my lawyer petition the court to attach prejudgment assets, which is a legal method of ensuring that I will be able to recover some money after the judgment. And it also up to the judge to decide whether or not to attach the defendant's assets, not me and certainly not you. Several months ago (prior to the discovery phase of the case), my lawyer previously stated that this was a legal option - I guess it's a good thing that I went with him to represent me."

It seems to me you have answered the question yourself---or at least, your attorney has. Why are you here offering incomplete, vague information (an "individual"?) expecting complete answers, while at the same time, referencing your excellent attorney and his obviously capable advice? What is it you wanted from this forum?

Regardless of what happens in court, it seems your opponent has already won something from you that cannot be bought or sold. Perhaps that is the greatest loss of all.

Grace, I asked a SIMPLE question. I'm looking for a simple answer, not a detailed discussion of the details of my case. Let me state my question one more time.
I'm looking for an effective, legal, inexpensive asset search. That's all I want from this forum. Nothing more. No diatribes.

I can do an expensive legal asset search. I can do an inexpensive illegal asset search. I'm looking for an inexpensive legal asset search.

Does ANYONE know of where I can hire someone to run an inexpensive, legal asset search?

And Grace, if it'll keep you from making another off topic post, yes, you're right. I'm wrong. I'm a total idiot. I have no idea what I'm talking about; you are omniscient. Now PLEASE let someone answer the question that is familiar with asset searches and has an inexpensive company that they use for this information. Thank you.

First of all, Cuppycake, I'm not STOPPING anyone from answering your question. Anyone is free to contribute--my replying doesn't KEEP someone else from answering. (these forums--SO tricky!!) <g>
Secondly, no one said you were an idiot. In fact, quite the opposite is readily apparent. You are obviously articulate and well learned, and in spite of what everyone else says about you, I think the pocket protector and white wing tips make you look distinguished. No really, I mean it!
Unfortunately, the position of Omnicient One is already taken by Westside Law. I have, however, applied for the position in his absence, so, the line starts behind me.
Thirdly, has it dawned on you that ASSET SEARCHES are expensive for a REASON? :::waiting while you ponder for a moment::: There now. Have your answer?
Is there a reason why you aren't asking this "very simple question" of your highly competent attorney? You say you have retained legal counsel. Why wouldn't you take thirty seconds of your valuable time and simply ASK?
In the mean time, you could do something risky and drastic like, oh, I dunno, maybeeeeeee GOOGLE it? There are handfuls of matches to your query.

http://howtoinvestigate.com/backgrou...cks/assets.htm

No need to thank me, dahling. It's my duty as the Second-In-Command-to-the Omniscienct One < airy wave of hand>

:::soft laugh:::

It's not my lawyer's specialty. And when legal fees run $270/hr, I'd rather do the legwork and save a few bucks on the bill.

Thanks for a link to the low cost, semi-illegal method. I'm already familiar with the website. Now, if such things require a subpoena or court order, that link could get me into very hot water. Hence the reason why I asked for a legal method.


For the life of me, I can't figure out why you're divorced.

Ah, another critical error you should NEVER make, especially in law. Assumptions. My dear, I am NOT divorced. I've been legally and lawfully married for nearly twenty years. I'll be the first to admit--it's a shame for him. He could have done much better than me. How in the world he put up with me for this long is nothing short of a miracle. Your saying so doesn't bother me in the least. I heartily concur, and tell him so at regular intervals.

For the life of me, I cannot imagine why you are in legal trouble nor can I understand why no one is answering your surly postings beside me.

<wink>

Simple answer to the simple question above:

Assets are public records, therefore are available to anyone for free at the local county office. Some such offices put this information online. That's an easy and free way to search if you know the county where the assets are located.

There are online research services out there that conglomerate this asset information so you can search for it by state or nationally and by types of records or all records. The two main ones are Lexis/Nexis (my favorite for asset searches) and Westlaw. Most lawyers have access to these services for a fee (monthly or per search). They aren't cheap, but they aren't that expensive either. Your lawyer may be able to do it relatively cheaply. You can probably subscribe yourself and do the search yourself. I'm not sure the cost of that. Or one trick is to hire a law student to do it. Lexis and Westlaw give free subscriptions to law students so that they get used to using their services when they finally practice law. If you know a law student, that may be the cheapest route.

omgosh. I spilled my coffee---thankfully I didn't spill it on my Lexis Nexis passcode!! Shows how much time I spend there----I had no idea this type of information was available. The only thing I have used it for in the past is to look up case law. Although I have never used Westlaw, Lexis Nexis is very user friendly with the tabs across the top and the search options that let you set so many different perimeters (by case name, by court, by date, etc). If I can navigate through the site, anyone can. Good advice---and thank you! I will certainly spend more time there this week. Now, tell me again, which county was it that you live in? ( kidding!! )