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The Secret to Locating Bank Accounts |
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This article is meant to serve as a tutorial on locating bank accounts belonging to individuals or businesses on which a judgment has been awarded. While primarily aimed at judgment recovery professionals it contains information that may be helpful to anyone awarded a judgment. |
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| Author: Claude Dickerson |
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First of all let me announce that I am not an attorney and am by no means attempting to give legal advice to anyone. I am a judgment recovery professional and the content of this article is based on my own personal experience in collecting judgments. It is intended for other judgment recovery professionals who wish to use my example in enforcing their own judgments.
One of the biggest problems faced by judgment recovery professionals is locating seizable assets belonging to the judgment debtor. Garnishing a bank account is probably the fastest way to recover at least a portion of the judgment debt while letting the judgment debtor know that you are serious about enforcing the judgment.
The difficulty comes in finding where the judgment debtor banks. Articles abound about searching UCC records, using a check to purchase something from the judgment debtor, etc., but there is one tool that most judgment recovery professionals overlook. It is an “Information Subpoena and Restraining Order” that is served on local banks. The Information Subpoena basically orders the bank to disclose any information they have on assets belonging to the judgment debtor and restrains them from informing him that information was disclosed. The fee for an Information Subpoena in most states amounts to just a few dollars making it a perfect tool for locating banking information.
The first question that must be answered is to which banks the subpoena should be served. This is a fairly simple process. Most people bank at a facility near their home. Simply go to Google and enter “bank” followed by the judgment debtor's zip code (bank 12345). This query will return all banks located in the judgment debtor's area.
Next, call the banks listed and ask to be connected to the bank's legal department. The legal department will provide you with the name and address to which your subpoena must be sent. The next step will be completion of the Information Subpoena. Many courts provide forms that can be obtained from the court clerk and in some cases even located on-line. If not, following is an example of an Information Subpoena. It is not provided as an example of proper formatting, but to display the content of a typical Information Subpoena. In this example the subpoena is prepared for a bank in Florida.
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Page 1
In The District Court
Of The State Of Florida
In And For The County Of Clay
Case No. 11SC1234
Paul P. Plaintiff, Plaintiff
vs.
Douglas D. Defendant,
Defendant
INFORMATION
SUBPOENA
In Re: Douglas D. Defendant
SSN/FEIN: 123-45-6789
198 Arora Blvd.
Orange Park, FL 32073
THE PEOPLE OF THE STATE OF Florida
TO: First National Bank, the entity to be examined;
A judgment was entered in this court on 04/01/2011, in favor of Paul P. Plaintiff and against Douglas D. Defendant in the amount of $10,000.00, together with interest, costs and disbursements for a total of $11,793.30, which remains due and unpaid.
Because you, the entity to whom this subpoena is directed, either reside, are regularly employed, or have an office for the regular transaction of business in Clay County of the State of Florida, you must answer, in writing under oath, separately and fully, each question in the questionnaire accompanying this subpoena, and you must return the answers, together with the original of the questions, within seven (7) days after your receipt of the questions and this subpoena to Allan Assignee at P.O. Box 1234, Orange Park, FL 12345 (Phone: 123-456-7890).
CERTIFICATION
I Allan Assignee, Assignee of Record, hereby certify that this information subpoena complies with the Civil Practice Law and Rules of Florida and that I have a reasonable belief that the party receiving this subpoena has in their possession information about the debtor that will assist in collecting the judgment.
__________
Date
___________________________
Assignee of Record
FALSE SWEARING OR FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE AS A CONTEMPT OF COURT. YOU ARE ALSO INSTRUCTED NOT TO COMMUNICATE NOR DISCLOSE ANY DETAILS OF THIS SUBPOENA TO THE JUDGMENT DEBTOR OR ANYONE ASSOCIATED WITH THE JUDGMENT DEBTOR AS THAT CONSTITUTES A VIOLATION OF CIVIL PROCEDURE AND COURT REGULATIONS REGARDING COLLECTION PROCEDURES AFFORDED TO THE JUDGMENT CREDITOR.
__________
Date
___________________________
Clerk of Court
Page 2
In The District Court
Of The State Of Florida
In And For The County Of Clay
Case No. 11SC1234
Paul P. Plaintiff, Plaintiff
vs.
Douglas D. Defendant,
Defendant
INFORMATION
SUBPOENA
In Re: Douglas D. Defendant
SSN/FEIN: 123-45-6789
198 Arora Blvd.
Orange Park, FL 32073
State of Florida, County of Clay ss,:
______________________________ (Name of Despondent), being duly sworn, deposes and says:
I am the _____________________ (Title) of First National Bank, and acknowledge receipt of an Information Subpoena naming Douglas D. Defendant as Judgment Debtor.
The Answers below are based upon information contained in the records of the recipient.
Q(1): Please provide the Debtor's full name(s) as contained in the records of the recipient.
A(1): ___________________________________________________________________________
Q(2): Please set forth the last known home address and telephone number for the Debtor's residence, if different from the address above.
A(2): ___________________________________________________________________________
Q(3): Does the Judgment Debtor have an account with your organization and/or are you currently holding any deposits and/or security? If so, what is/are the account number(s) and amount(s) on deposit?
A(3): ___________________________________________________________________________
Q(4): Do your records indicate that the Debtor is employed? If so, please list the name and address of the employer and the salary as indicated in your records.
A(4): ___________________________________________________________________________
Q(5): Did the Debtor list any bank references on his/her application? If so, set forth the name and address of said bank(s) and account number(s), if available.
A(5): ___________________________________________________________________________
Q(6): Do your records indicate the location of any other assets of the Debtor? If so, please give the location and description of any other assets.
A(6): ___________________________________________________________________________
The answers give to the above questions are true and complete to the best of my knowledge.
Sworn to before this ___ day of _______________, 20___.
___________________________
Notary Public
___________________________
Signature (in presence of Notary)
WHEN COMPLETED, RETURN THE ORIGINAL COPY OF THIS FORM TO:
Allan Assignee
P.O. Box 1234
Orange Park, FL 12345
Phone: 123-456-7890
DO NOT RETURN THIS FORM TO THE COURT.
Page 3
In The District Court
Of The State Of Florida
In And For The County Of Clay
Case No. 11SC1234
Paul P. Plaintiff, Plaintiff
vs.
Douglas D. Defendant,
Defendant
INFORMATION
SUBPOENA
In Re: Douglas D. Defendant
SSN/FEIN: 123-45-6789
198 Arora Blvd.
Orange Park, FL 32073
State of Florida, County of Clay ss,:
_______________________________ (Name of despondent), being duly sworn, deposes and says:
I am of legal age and not a party tho this action. At _____ (Time), on _________ (Date), I served a copy of an Information Subpoena with questions on First National Bank by either personal delivery or by Certified Mail, Return Receipt Requested, in an envelope addressed to 1234 Bankers Boulevard at Orange Park, FL 32073.
___________________________
Signature of Server
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In the example above the person submitting the subpoena is described as the "Assignee of Record" which is a term used in the business of judgment recovery. It could be substituted with the term "Judgment Creditor" for individuals enforcing their own judgment.
Your information subpoena must be signed by the court clerk and served on each of the banks you uncovered in the judgment debtor's immediate area. In most states the subpoena may be either served in person or sent by certified mail, return receipt requested, by an individual over the age of 18 who is not a party to the action. The individual serving the subpoena must then sign the last page of a copy of the document and return it to you for your records.
As you can see, an Information Subpoena (and Restraining Order) can be a very powerful tool for locating a judgment debtor's bank account. Once located, garnishing the account should be a simple matter.
About Author
Claude Dickerson is a principal of National Judgment Network and has over 15 years experience as a judgment recovery professional. His knowledge of asset location and judgment enforcement is the result of his own personal experiences and those of over 5,000 registered National Judgment Network members.
For more information on judgment recovery visit National Judgment Network at http://www.NationalJudgment.Net
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