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The Debt Collector’s Handbook
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Collecting Debts, Finding Assets, Enforcing Judgments, and Beating Your Creditors
Sofort lieferbar | Lieferzeit: Sofort lieferbar
Artikel-Nr:
9781627224963
Veröffentl:
2015
Seiten:
651
Autor:
David J. Cook
eBook Typ:
EPUB
eBook Format:
Reflowable
Kopierschutz:
Adobe DRM [Hard-DRM]
Sprache:
Englisch
Beschreibung:
Winning your case in court is only half the battle. It's a fact that some people hide their assets to avoid paying debts and judgments. This truly unique book will show you how to find and reach that hidden money.Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years. This colorfully written book will teach you the basics of civil remedies, real estate, finance, and sleuthing. The author outlines for you the power of the bluff and the outer parameters of threat, when a threat becomes extortion, and when you need to walk away from a situation.This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.
This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.
Winning your case in court is only half the battle. It's a fact that some people hide their assets to avoid paying debts and judgments. This truly unique book will show you how to find and reach that hidden money.
Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years. He is well known for representing Ronald Goldman's father in collecting the multi-million dollar civil judgment against O.J. Simpson.
This colorfully written book will teach you the basics of civil remedies, real estate, finance, and sleuthing. The author outlines for you the power of the bluff and the outer parameters of threat, when a threat becomes extortion, and when you need to walk away from a situation.
Learn about:
- What questions you need to ask
- Where you should look for hidden funds and assets
- How to read financial statements
- What can you expect from a judge
- How far can you go
- Various investigatory techniques
This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.
Acknowledgments v
Introduction xxvii
Tales of Chicken Delight xxvii
Section 1
Hors D'oeuvres 1
Chapter 1
Arrows and “Xs” on the Treasure Map 3
Chapter 2
A Preview 7
Section 2
The Foundations 11
Chapter 1
The Basics of Law and Business—Civil Law, Practice, and Procedure 13
Chapter 2
The Basic Terms of Real Estate, Bankruptcy, Accounting, and Law 17
Chapter 3
Real Estate Buzzwords 19
Chapter 4
Deeds of Trust and Mortgages, Title Insurance, and the County Recorder 21
Chapter 5
Real Estate Titles and Why They Are Important 23
Chapter 6
Phony Baloney Mortgages, Liens, and Lies 25
Chapter 7
Amortization Tables 27
Chapter 8
Residential Lending Standards and the Foreclosure Process 31
Chapter 9
Appraisals and Transfer Taxes 33
Chapter 10
Stated Income Loans 35
Chapter 11
The URLA Is the Treasure Map 37
Chapter 12
Community Property 41
Chapter 13
Asset Protection Makes Its Debut 43
Chapter 14
Legal Asset Protection 49
Chapter 15
Leaving Town Is Another Form of Asset Protection 51
Chapter 16
Why Does the Debtor Pay and Why Does the Creditor Give Up? 53
Chapter 17
Don't Be a Dunce or a Victim 57
Chapter 18
Liar, Liar, Pants on Fire 59
Chapter 19
The 50¢ Primer on Alter Ego Liability 61
Chapter 20
Judges? 65
Chapter 21
Judgments 73
Chapter 22
Rudiments of Fraudulent Conveyance Law 77
Chapter 23
Introduction to Insolvency 81
Chapter 24
Technology 83
Section 3
Investigatory Techniques 85
Chapter 1
Set the Table 87
Chapter 2
A Pottery Shard Is the Key to Financial Archaeology 89
Chapter 3
Dinosaur Fossils Teach Us the Power of Inductive Logic 93
Chapter 4
The Wobble of a Star Suggests a Planetary Companion 95
Chapter 5
Burning the Trash Leads to UBL 97
Chapter 6
Denial Is Not a River in Egypt 99
Chapter 7
Learn How to Track Parallel Dockets 101
Chapter 8
Sir Isaac Commands You to Watch for the Reaction 105
Chapter 9
Pottery Shards in the Credit Report 107
Chapter 10
Tax Liens Are the Wobbling Stars 109
Chapter 11
The Wizardry of Financial Statement 111
Chapter 12
Finding Real Money in Old Financial Statements 115
Chapter 13
The Insider's Secured Loans Are an Asset Protection 121
Chapter 14
Olly Olly Oxen Free! Where Can You Find the Financial Records? 123
Chapter 15
Read the Loan Documents of Third Parties 125
Chapter 16
Peek-a-Boo, I See You 127
Chapter 17
If the Entity Is Still Alive, the Entity Might Have Assets 131
Chapter 18
Yelp Is the New Sherlock Holmes 133
Chapter 19
Teddy Roosevelt Charged Up San Juan Hill to Become President 135
Chapter 20
Personal Drive Will Get You What You Want 137
Section 4
Dangerous and Crazy Persons Lurk Behind the Next Door 139
Chapter 1
This World Is Full of Crazy Characters, Dangerous Psychopaths, and Clever
Lawyers, All of Whom Might Be the Same Person 141
Chapter 2
The Good Old Days Offered You Half a Hand 143
Chapter 3
Barbary Coast Justice 145
Chapter 4
Getting an Eye Gouged Out 147
Section 5
Foraging for the Right Ingredients 149
Chapter 1
Who Is the Debtor and What Is the Debtor? 151
Chapter 2
Secretary of State 153
Chapter 3
Fictitious Business Name Filings 155
Chapter 4
UCC Filings and Real Property Recordings 157
Chapter 5
State Board of Equalization 159
Chapter 6
Professional Licenses 161
Chapter 7
Liquor Licenses 163
Chapter 8
Regulator's Site for the Publically Held Companies 165
Chapter 9
Public Utilities Commission 167
Chapter 10
U.S. Patent and Trademark Office and U.S. Copyright Office 169
Chapter 11
Courts and Other Tribunals (Administrative Agencies) 171
Chapter 12
Credit Reporting Agencies and Search Services 173
Chapter 13
Checks, Sellers and Buyers of Products, Online Banking Services, and the Brick
and Mortar Banks Are Clues, Arrows, and Even “Xs” 175
Chapter 14
Who Needs James Bond When the Federal Freedom of Information Act and
State Sunshine Laws Offer You the Keys to the Kingdom? 179
FOIA Keys to the Federal Archives 179
Kicking Open the FOIA Door 183
What Is Required—Not Much 184
Get Out Your Checkbook 185
Chapter 15
Transfers to Trusts Never Work; Transfers to Trust Always Work 187
Section 6
Marooned on a Desert Island 189
Chapter 1
Getting Stalled, Stayed or Facing a Bond: Robinson Crusoe Wears Wingtips 191
Chapter 2
Beating Out the Stay 193
Chapter 3
The Bond—Shaken and Never Stirred 195
Chapter 4
Thrown Under the Judgment Bus 199
Chapter 5
Shooting Yourself in the Foot
Ouch! 201
Chapter 6
Some Judgments Are Empty 203
Chapter 7
Best Asset Protection in Town 207
Chapter 8
Why Bother Defending When the Defendant Has Nothing to Lose? 209
Kiss Me First, Al 210
Section 7
Finding a Right Home 213
Chapter 1
The Choice Between Federal and State Court: Choose Wisely, Dr. Jones 215
Chapter 2
One Court Might Offer More Treasure 219
Chapter 3
The Power of Discovery: Which Court Is Better? 221
Chapter 4
Tent Pole Jurisdiction 223
Section 8
Kitchen Implements and the Grand Techniques to Make a
Soufflé 225
Chapter 1
The Writ of Execution—The Key to Power 227
Chapter 2
The Writ of Execution Is the Secret Discovery Tool 237
Chapter 3
Kicking Over the Log and Finding a Pile of Money 241
Chapter 4
Separating the Debtor from Its Property 245
Chapter 5
The Moose Club 247
Chapter 6
Storage Lockers 249
Chapter 7
God Is My Copilot 251
Chapter 8
Boats 253
Chapter 9
As Long as the Property Is Not Per Se Immune, You Can Take Anything 255
Chapter 10
Credit Card Processors 257
Chapter 11
Selling Falling Water 259
Chapter 12
Collecting Big Money for a $12 Investment 263
Chapter 13
Kicking Grandpa and Grandma Out of Their Homestead—Almost 265
Chapter 14
What Is a Sheriff's Deed? 267
Chapter 15
Laundering Title Documents 269
Chapter 16
Can You Seize Alimony? 271
Chapter 17
Monies Due from Factors, Financiers, Escrow Agents, Disbursement Agents 273
Chapter 18
Funds or Property Held by Bank as Collateral for a Loan or to Secure a Credit
Facility 275
Chapter 19
Can a Judgment Creditor Levy on a Line of Credit? 277
Chapter 20
Examinations of the Debtor and Third Parties (OEXs) and Postjudgment
Discovery 281
Chapter 21
Can You Serve Hundreds or Thousands of Subpoenas? How? 283
Chapter 22
Be Fearless and Not Fearful; Be Direct and Be Prepared 285
Chapter 23
Money Makes the World Go Round, Mein Herr 289
Chapter 24
Subpoena the Lawyer for Records That Show Payment for Services 291
Chapter 25
Postjudgment Written Discovery—Federal and State Court 293
Chapter 26
Getting Tossed Out of Court by the Judge 295
Chapter 27
Blocking Statutes 299
Chapter 28
Turnover Orders and Dead Cold Hands, Mr. Heston 303
Chapter 29
The Great Turnover 305
Chapter 30
Assignment Orders 309
Chapter 31
Collecting from Movie Stars and Music Idols 315
Chapter 32
Big Men Make Big Mistakes, Get Themselves into a World of Hurt, and How to
Hide the Money 319
Chapter 33
You Gotta Make Them Believe 321
Chapter 34
The Creditor's Suit 323
Chapter 35
Receiverships 327
Chapter 36
Abracadabra Jurisdiction 335
Chapter 37
Passive Liens 337
Chapter 38
Remedies 339
Chapter 39
Platform Litigation Unlocks Access to Power 341
Chapter 40
Confirmation of Liens and Levies 343
Chapter 41
The Boogeyman Is Coming to Get You 345
Section 9
Foolish and Very Stupid People 347
Chapter 1
What to Do About Jerks 349
Chapter 2
You Can Bluff Your Way Out 351
Chapter 3
Terror on the Kitchen Counter 353
“Oh. You Will Be. You Will Be.” 353
Can Some Nutcase File Liens Against Me? 354
The Medium Is the Message 355
Lawyers, Clients, and Everyone Else Associated with the Filer Are All
Targets 355
Will These Liens Surface? 355
What Are the Financial and Personal Consequences of These Liens? 356
Bogus Liens Destroy Lawsuits 356
The Donut Hole in the Uniform Commercial Code 356
The UCC Excuse 357
Chapter 4
Blackmail 359
Blackmail and the Bright-Line Rule Test 361
Group 1: 361
Group 2: 362
Rules Now Written Far More Clearly 363
The Line in the Judicial Sand 365
Section 10
Settlements and Potholes in the Road to Money 367
Chapter 1
Cash Is King, and Everything Else Is a Joke 369
Chapter 2
Rudiments of Payment Programs 371
Chapter 3
Noneconomic Terms and Contempt 377
Chapter 4
Settlement Negotiations Are Games of Bluffs, Lies, Threats, and Blusters 381
Chapter 5
Jumping Out of the Settlement Plane Without a Parachute 385
Chapter 6
How Phony Liens Cower a Party in a Settlement Conference 387
Chapter 7
When Are You in Contract? 389
No Deal is Perfect 390
Chapter 8
The Settlement Is the Grand Bargain 391
Chapter 9
Remediation in Grand Bargain Strategy 393
Chapter 10
Making a Settlement Stick 395
Chapter 11
Potholes in Settlements 397
Chapter 12
Risks Topple the Vigilant 405
Section 11
No Money Is No Money 409
Chapter 1
The Money Is Gone and Learn to Take a Hike from the Case 411
Chapter 2
Recognize the Debtor as a Thief and Recalibrate the Prospect of Collection 415
Chapter 3
Poor Man's Bankruptcy 417
Chapter 4
Gone with the Wind Is a Generally Accepted Accounting Term 419
Section 12
The Battle to Save the Assets from Enforcement 421
Chapter 1
Eating Your Lunch 423
Chapter 2
Hide Assets in a False or Misleading Name 425
Chapter 3
Comedy of Errors of First and Middle Names 427
Chapter 4
Children Can Hide Money 429
Chapter 5
Parking Money with Spouses and Girlfriends 431
Chapter 6
Bury the Money with Limited Liability Companies or Partnerships 435
Chapter 7
Prosecuting the Debtor 437
Chapter 8
Play Hide and Go Seek 439
Chapter 9
Names Are the Best Asset-Protection Device 443
Chapter 10
Safe Harbor Immunizes the Property from Later Attack 447
Chapter 11
Mother Hubbard Beats Out the Fraudulent Conveyance Lawsuit 449
Chapter 12
Learn the Tricks of Truly Protecting Assets 451
Chapter 13
Basic Earmarks of a Fraudulent Conveyance 455
Chapter 14
How to Unpeel the Onion of the Asset-Protection Scheme 457
Chapter 15
Irrevocable Trusts Destroyed 459
Chapter 16
Some Assets Go Out the Back Door 467
Section 13
Here Is Where You Can Find the Money 469
Chapter 1
Here Are Your Treasure Maps 471
Chapter 2
Capturing Real Estate 483
Chapter 3
Transfer to a Closely Related Entity Is Always Fraudulent 485
Chapter 4
Badges of Fraud 487
Chapter 5
The Preliminary Change of Ownership Report 491
Chapter 6
Bad Deal for the Debtor 493
When Was the Conveyance Made? 494
Conveyances in Groups or Batches 495
What Is Wrong with the Transaction? 495
Section 14
Trial 499
Chapter 1
The Easy Enforcement 501
Chapter 2
Get Ready to Go to Court 503
Chapter 3
Introduction to Litigation of Claims by Third Parties 505
Chapter 4
The Third-Party Claim 507
Chapter 5
Third-Party Claim Trials 509
Chapter 6
Expert Testimony at a Fraudulent Conveyance Trial 511
Chapter 7
The Family Law Code Offers Many Tricks 513
Chapter 8
New Lawsuits and More Lawyers 517
Section 15
Hide and Seek for Wandering Money 519
Chapter 1
The Repositories 521
Chapter 2
Nontraditional Online Banking 523
Chapter 3
Reverse Credit Card Balances 529
Chapter 4
Portable Wealth 531
Chapter 5
One-Stop Shopping 535
Chapter 6
Captive Insurance Is the Latest and Greatest 537
Section 16
The Story of If I Did It 541
Section 17
Secrets of the Chef 553
Chapter 1
Star Trek Convention 555
Chapter 2
Do You Really Want to Find the Bank Account? 557
Chapter 3
Random Levies for Bank 559
Chapter 4
How to Find a Bank Account 561
Chapter 5
Fictitious Business Names Mask Money 563
Section 18
Bills of Lading 565
Chapter 1
Bills of Lading Are Treasure Maps 567
Chapter 2
Reaching Offshore Debtors Through U.S. Subsidiaries 569
Chapter 3
Grabbing Goods off the High Seas—Yo, Ho, Ho and Shiver Me Timbers 571
Chapter 4
Who Owns the Cargo? 575
Chapter 5
Getting a Lien on the Cargo 577
Chapter 6
Looking for the Bank Account in Maritime Records 581
Section 19
Where Is the Money? 583
Chapter 1
Retentions Due Contractors 585
Chapter 2
Ponzi Schemes 587
Chapter 3
Odds and Ends 589
Judgments and Suits Due the Debtor 589
The Recorded Deed of Trust, or UCC, in Favor of the Debtor 590
How Do I Rid Myself of Fraudulent Conveyances? 590
Chapter 4
Baseline Information to Discover Assets 593
Chapter 5
Credit Grantors Have Lots of Information—Just Ask 595
Chapter 6
The 1099INT Is the “X” 597
Chapter 7
Canceled Checks, PayPal Disbursements, and Credit Card Statements Are the
Pottery Shards 599
Chapter 8
Reconstructing the Revenue Streams 603
Chapter 9
Dinosaur Fingernails Unwind Fraudulent Conveyances 605
Section 20
The Final Frontier, Spock—Bankruptcy 609
Chapter 1
Ingredients of Bankruptcy 611
Chapter 2
Paint by the Numbers: Chapters 7, 9, 11, 12, 13, and 15 613
Chapter 3
When the Debtor Files Bankruptcy, Whoa Nelly! 615
Chapter 4
Secret Bankruptcies and Beauty Contests 619
Chapter 5
Embrace Bankruptcy, Martha, and Save Yourself a Crockpot of Dough 621
Chapter 6
Chasing People Down in Bankruptcy Court 623
Chapter 7
Debris in the Judicial Slipstream 625
Chapter 8
Asset Protection in a Mega-Chapter 11 629
Section 21
You Can't Eat Soup with a Knife 635
Index 637