First Steps in an Asset Search

Winning a judgment can feel like the end of a long fight, until you realize the other side has no intention of paying. Or you are heading into a divorce or a business dispute and suspect that what’s on paper isn’t the full picture. Either way, the question is the same: what does this person actually own, and where is it?

An asset search is how you find out. Here is how one begins, and what to expect.

Start with what you already know

The most useful leads often come from you. Old addresses, businesses the person has run, vehicles you have seen them drive, places they travel, the names of relatives or close business associates. Write down everything, even details that seem minor. A boat mentioned in passing years ago can be the thread that leads to a property held in someone else’s name.

Public records come first

A lawful asset search starts with records that are open to the public. In Texas, that typically includes:

• Real property records held by the county clerk, along with appraisal district records that show ownership and value
• Business filings with the Texas Secretary of State, which can show companies a person formed, manages or is connected to
• UCC filings, which can reveal equipment, inventory or other property pledged as collateral
• Liens, judgments and court records, which show other creditors and past disputes
• Assumed name (DBA) filings at the county level

Individually, each record tells you a little. Put together, they often show where value is held and which entities it is held through. Property that left someone’s name shortly before a lawsuit was filed is a pattern worth noticing.

Field work fills the gaps

Records show what is registered. They do not always show how someone lives. Where it is relevant, an investigator can document observable facts, such as vehicles regularly used, a business that is clearly operating, or a property someone appears to be living in that is held in another name. That kind of documentation can help your attorney decide where to focus.

What an investigator cannot do

Some information is protected by law, and it matters that your investigator respects that. Bank account details, for example, cannot lawfully be obtained by tricking a bank or using a false identity. That practice, known as pretexting, is prohibited under federal law. Anyone who promises you someone’s bank balances without a court process should be a red flag.

Financial information of that kind is usually reached through legal process. In Texas, a judgment creditor can use post-judgment discovery to require the debtor to disclose assets, and an abstract of judgment recorded in the county property records can create a lien on real property there.

Where your attorney takes over

Our role is to find and document what can lawfully be found, then organize it so your attorney can decide the next step, whether that is discovery, a turnover order, a lien or something else. We keep our findings factual and sourced, because they may be relied on in court.

If you are trying to collect on a judgment or need a clearer picture before a dispute, our asset search service is the place to start. We also work directly with attorneys and law firms.

This article is general information, not legal advice. Speak with your attorney about your specific situation.