David J. Cook

The Debt Collector's Handbook (eBook, ePUB)

Collecting Debts, Finding Assets, Enforcing Judgments, and Beating Your Creditors

• Format: ePub

Produktbeschreibung

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.

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Produktdetails

• Verlag: American Bar Association
• Seitenzahl: 651
• Erscheinungstermin: 7. Juni 2015
• Englisch
• ISBN-13: 9781627224963
• Artikelnr.: 43418596

Autorenporträt

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.

Inhaltsangabe

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