The Debt Collector's Handbook: Collecting Debts, Finding Assets, Enforcing Judgments, and Beating Your Creditors

by David J. Cook

Overview

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.

Product Details

ISBN-13:	9781627224956
Publisher:	American Bar Association
Publication date:	06/07/2015
Pages:	651
Product dimensions:	7.00(w) x 9.90(h) x 1.50(d)

About the Author

David J. Cook, Esq., has been practicing in the area of enforcement of judgments, collection of debts, bankruptcy, insolvencies, and fraudulent conveyances. Over the last 43 years plus, Mr. Cook has encountered just about every type of insolvency that ranges from billion dollar bankruptcies to pot plans, extensions, compromises, and workouts. Mr. Cook offers a potpourri of options available to a creditor which would ameliorate any potential, and maybe catastrophic loss, arising from a sudden and unexpected financial collapse of a big customer. He lives in San Francisco, married to Lilly, lives with an extended family that includes two dogs (Fozzie and Stella) and a lot of orange and olive trees.

David is the author of The Debt Collector's Handbook: Collecting Debts, Finding Assets, Enforcing Judgments, and Beating Your Creditors, American Bar Association, (2014), Collection, Demand and Commercial Letters, American Bar Association, (April, 2015), and Insolvency Explained, American Bar Association (2017), over 100 articles, and is a frequent speaker on the topic of enforcement, collection of debts, bankruptcy and insolvency.

Table of Contents

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