The U.S. Secret Service, backed up by three studies over a period of 15 years and published in the FBI Law Enforcement Bulletin (3/06), indentified the following visual cues indicating a person may be carrying a concealed weapon:

Behavioral Traits

In all three aforementioned studies, none of the criminal offenders interviewed used a holster and male offenders reported regularly carrying handguns in the middle torso area; more specifically they tended to tuck the firearm into their right front waistband, between their navel and hip, in order maintain the gun’s accessibility.  One researcher noted that, “They see guns put there in the movies, it’s ‘cool,’ and they can easily show their buddies or enemies that they’re armed.”  One city law enforcement agency conducting their own study noted that of the 1,301 guns confiscated from suspects, only seven of them were wearing holsters.  The second most common hiding place is the small of the back – but it is a distant second place.

Concealed firearms tend to be carried on the person’s “strong side,” which is to say on the same side as their dominant hand.  Is the subject left-handed or right-handed?  Typically, wristwatches are worn on the weak arm and, generally, people use their strong hand for most actions like lighting cigarettes, shoving someone, holding or moving objects, etc.  Even in the absence of confirming visual clues, you can count on approximately 85% of the people in the world being right handed.  Knowing a person’s strong side gives the observer a better chance of locating a hidden gun quickly.

Walking with a concealed, unholstered handgun requires subjects to occasionally touch their firearms to prevent the gun from moving or to adjust the weapon after it moves.  This movement is often referred to by law enforcement instructors as the “security feel” and becomes most notable whenever individuals change body positions, such as standing, sitting, or exiting a car because the unholstered gun tends to shift, causing the subject to adjust or reposition the weapon to the preferred position.  When a subject runs, their actions may appear more pronounced; constantly gripping the handgun to maintain control.

An academy instructor for the U.S. Secret Service uniformed division recently shared the following tip online, “Closely related to the security feel is what I call ‘protective body movement.’ This is particularly noticeable when an armed subject is running or moving abruptly; he holds his arm against the concealed weapon, either stiffly or with a very restrained swing. Even if the suspect is just walking, you may see that he takes a full stride with his opposite-side foot but the gun-side stride will be shorter, almost like a limp in some cases because he’s trying to clamp the gun in place and minimize its slipping or its risk of falling out. The arm may also come in against the gun as a protective movement when people start getting close to the suspect.”

“Watch females who are with bikers and other street gangs,” one police officer cautioned, “many times they carry for the male members, capitalizing on the fact that too many people tend to dismiss females as a threat.”

The studies also concluded that “the majority of female offenders who carried their own weapon preferred small-framed revolvers or automatic pistols. Their preferred place of concealment was in a pocket of their outer clothing, with quick retrieval as their primary concern. Females often carried a weapon for a male companion prior to or after criminal activity. But, interestingly, no female offender reported giving her weapon to anyone to carry for her.”

Basic law enforcement training teaches officers to keep their gun-side away from individuals during street contacts or interviews.  It is widely accepted that armed criminals do the same in encounters with law enforcement professionals to ensure concealment and easy access to their firearms.  As one offender in the study noted, “If they’re on that side of me, they can’t see it. I can also get to it quicker if I need to. Because they can’t see what I’m reaching for, I get that extra second.”

Additional physical behaviors may include “palming,” which is most often observed in subjects concealing edged weapons but occasionally seen with gun wielders, too.  The knife holder may run the blade of the weapon up along the arm or behind the leg to conceal it from frontal view. Just before a target is attacked, an attacker will also typically have his or her eyes fixed on the intended victim.  Palming behaviors often indicate imminent risk to the recovery agent!

I remember one situation in particular when I found a gun in the coat pocket of a fugitive I was chasing through a house that I distinctly heard the sound of the gun hitting a door frame and then coming to rest on a countertop when I had him leaned forward and placing him in handcuffs.  It was obvious by the heavy, solid thud that there was a large metal object in his pocket.

Clothing Indicators

The most obvious giveaway is the telltale bulges in a subject’s clothing.  A gun is not flexible and doesn’t conform well to the shape of the human body, so it may reveal itself in the form of a protrusion.  While the entire firearm may not be outlined, tight clothing may reveal bumps that relate to a hammer, grip or muzzle.  This distortion of the subject’s silhouette is often referred to as “patterning” or “imprinting.”  When trying to conceal a shotgun, rifle or submachine gun under a coat while walking, the butt of the weapon will often cause a noticeable bulge behind the armpit. Additionally, the jacket does not move naturally because it is supported by the outline of the weapon.  When someone wears a shoulder holster or straps on a sawed-off rifle, shotgun or submachine gun under his or her arm, a bulge in front of or behind the armpit will often be visible.

Specific observations regarding a person’s attire may indicate that the individual is armed.  These may include, but are not limited to, what individuals are wearing during various weather conditions, as well as accessory items and unconventional weapons designed and manufactured for concealment that they may carry. Clothing concealment techniques are used by people to hide firearms and other weapon; for example, an un-tucked shirt or buttoned sports jacket are two examples of techniques used to conceal dangerous objects with clothing.  These characteristics may not always be obvious though as casual dress with un-tucked shirts is quite common.  Even though an un-tucked shirt may hide a firearm, in and of itself, it is not a good indicator.  An investigator must judge the concealment characteristics in the context of the environment they are in. With clothing, visual screener need only simply ask, “Does what I see match the surroundings?”

Warm Weather Conditions

Is the individual dressed inappropriately for existing weather and temperature conditions?  A person who attempts to conceal a weapon may wear or carry additional clothing other than that which is required or appropriate considering the outside temperature and humidity.  This suspicious behavior is particularly observable in warm weather.  Why would an individual wear a jacket, sweatshirt, sweater, raincoat, or overcoat on a bright sunny day when others are dressed in short-sleeved shirts?  Is the individual wearing multilayered clothing, such as two shirts or a pair of sweatpants over a pair of jeans, on a hot day?  Similarly, why does a man wearing a shirt and tie, suit pants, and dress shoes have his shirttail hanging out?  Less obvious are individuals in casual attire with their shirttails outside their pants.  Such inappropriate apparel can cover areas of the body where criminals frequently conceal firearms.

Obviously, it is easier visually detect firearms on individuals dressed appropriately for warm weather.  At-risk individuals should look for unnatural protrusions or bulges in the waist, back, and crotch areas and watch for less conspicuous cues, such as shirts that appear rippled or wavy on one side of the body while the fabric on the other side appears smooth.  Many offenders in the three studies revealed that they purposely transported weapons in their crotch areas as much for concealment as the reluctance of officers to thoroughly search this location.

Cold and Inclement Weather Conditions

Are individuals with a coat, raincoat, or jacket draped over their arms unnecessarily exposing themselves to the elements?  What about those wearing a hooded jacket or coat in the rain or snow without the hood covering the head?  One offender stated that he had several friends who carried firearms in their jacket hoods. Does a loose-hanging hood seem weighted down, causing the drawstring to pucker?  Also, in periods of extremely cold weather, why would people not button or zip up their jackets or heavy coats?  Could it be that they want quick access to a firearm?

When individuals have on jackets and coats, are these pieces of clothing visibly weighted to one side, giving the appearance of an unusually heavy object in the pocket?  Normally, personal items such as wallets, keys, and cell phones do not weigh enough to cause a pocket to hang substantially lower than the one on the opposite side– but large caliber guns favored by street thugs typically do.  When the subject walks or runs, does his coat or jacket bounce off his leg as if something heavy is in the pocket?

Accessories and Other Items Carried

In cold weather conditions, individuals may have a hand warmer attached to their clothing or person in some manner.  If these people appear to have been outside for some time, why are their hands not inside the device?  If they have gloves on, why do they need the hand warmer?  Does it exhibit ripples or waves in the fabric, giving the appearance of containing a heavy object?

What about individuals carrying such items as purses, knapsacks, fanny packs, soft briefcases, gym bags, folded-over newspapers, or paper bags that appear out of place?  Do these articles display a protrusion?  Is the outline of the frame of a handgun or a partial contour, such as the barrel or butt, visible?  If a subject seems to have a wallet in his pocket but is wearing a fanny pack, then what’s in the fanny pack?  Does it appear weighted with a heavy object?  Most types of fanny packs can conceal a handgun and many are purposes-built with a draw string or other quick-release closure method added for rapid access to a handgun.

One of the most important concepts of visual weapons screening is behavior clusters; the totality of circumstances will dictate the degree of likelihood of an individual being armed. When evaluating any individual for the possibility of a concealed firearm it is important to take into account their behavior “in context” as well!  Wearing inappropriate clothing could be completely explainable, depending on the circumstances and surroundings. For example, a traveler who just arrived from a colder climate may have on an overcoat on a warm sunny day.  Perhaps, the person has to carry luggage, making it necessary to temporarily wear the coat.  This individual may be near an airport, train terminal, bus station, or subway or in the process of hailing a taxicab.  Under these circumstances, the observation of inappropriate clothing for existing weather conditions probably would not constitute a clear indicator that the person may be concealing a firearm because such behavior could be completely understandable.  Alert investigators, however, may use these indicators as a reason to take a second, closer look and notice a slight bulge or protrusion or other physical behavior trait that confirms their suspicions.

Unconventional Firearms and Disguised Weapons

Fugitive recovery agents need to remain vigilant for a separate class of firearms designed for concealment. Generally constructed without sights, these weapons, referred to as “belly guns,” usually are inaccurate unless fired at a very close range. Manufacturers also have produced handguns and other weapons intentionally disguised as other objects, including pens, pagers, cell phones, belt buckles, and wallets. Thugs have related that they possessed such weapons to use against anyone who may overlook them during arrest or transport situations. The use of a hand-held magnetometer can assist in detecting these types of handguns and other potentially dangerous metal instruments, such as knives and razors.

Click here for a disguised weapons manual circulated among law enforcement professionals.

Click here for a second guide to additional unconventional hidden and concealed weapons.

Click here for real guns disguised as toys.

Studies indicate that there is no reliable profile of the people who carry and use weapons unlawfully; they are white, Latino, Asian every other race and ethnicity. They are male or female. They wear expensive clothing, including tailored suits, and they are from all socioeconomic classes. It is paramount that all subjects under your control, including those of the opposite sex, be searched for concealed weapons using optimum frisking and location techniques. Recovery agents must remain vigilant and constantly remind themselves that a recovery of a weapon from a suspect should never prohibit the continued search of the subject for additional weapons.

Use these tell-tales as a way to make you conscious of your own actions while wearing a concealed weapon as well.  Many investigators who I know carry concealed firearms tend to share many of the same habits, behavior traits and modes of dress discussed in this article. To a knowing individual, you may unconsciously telegraph your armed status in situations where it is best that the presence of a weapon remain concealed such as in an undercover workplace investigation or while conducting field interviews under some pretext.

Knowledge, awareness, clear thinking, and finely honed skills of observation may give investigators an advantage when confronting bail fugitives or their accomplices who may display the specific and unique signals indicating the presence of a firearm or other concealed weapon.  However, the absence of such traits and characteristics should never mean that a bail agent should let his or her guard down while in the presence of the fugitive and his or her associates.  At the end of the day, we all want to go home safely.

Be careful out there.

This article was written by L. Scott Harrell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

It is posted on-line at:

http://www.nclc.org/issues/auto/content/Repo_madness_Report_0310.pdf

Here is the included press release via PR NEWSWIRE

Repo Madness Threatens Consumers

BOSTON, March 11 /PRNewswire-USNewswire/ — Dozens of consumers, repossession agents and bystanders have been killed, injured or traumatized in self-help repossessions done under state laws that allow automobile dealers and lenders to take cars without court action or the involvement of law enforcement.

That is the key finding of a report issued today by the National Consumer Law Center, which compiles and analyzes existing state laws and regulations on automobile repossessions, and catalogues recent repossessions that resulted in violence, fatalities, injuries, arrests or trauma. In four of the incidents, repo agents took cars with children under the age of eight inside.

“Not a single state guarantees automobile owners a day in court before a repossession,” said John Van Alst, a lawyer for NCLC and principal author of the report. “Only a handful of states have even minimal consumer protections such as requiring that repo agents have licenses, bonds or insurance.”

Millions of working and poor families depend upon automobiles for survival and daily life. When they need cars and lack access to conventional financing, they turn to “buy here, pay here” dealers.” Those dealers too often rely on the threat of sudden and potentially violent repossessions to bully consumers into making payments.

That threat is real. Pistols, rifles, shotguns, knives, fists and automobiles are frequently wielded as weapons in confrontations arising out of self-help repossessions. Since Jan. 1, 2007, those confrontations have resulted in at least six deaths, dozens of injuries and arrests and uncounted traumas.

“What we have now is vigilante repossession run amok,” said Rosemary Shahan, President of Consumers for Auto Reliability and Safety, a nonprofit organization that advocates for consumer safety and against auto fraud and abuse. . “States need to adopt laws to rein in the violence, kidnapping, and lawlessness.”

The report calls for each state to enact laws that would require secured lenders to obtain court orders or at least provide consumers minimal due process prior to seizing automobiles. In addition, states should require that such repossessions, when authorized by courts, be done by sheriffs, police or other law enforcement officials.

The report also suggests measures that could reduce abuses and dangers in states that allow some self-help repossessions, including requirements that agents be better regulated, enhanced notice requirements and other steps to limit the arbitrary and harmful seizure of cars from consumers.

“In other areas of the law, such as evictions, self-help is generally no longer allowed in the interest of fairness and safety” said Van Alst. “Until we do the same thing in auto repossession, people will continue to be hurt and killed.”

For more information or to arrange an interview (or to voice your opposition), contact John Van Alst or Rick Jurgens at 617-542-8010

SOURCE: National Consumer Law Center

Access to professional databases, then and now, unquestionably give investigators the opportunity to make more money- even if you are one of those complaining about the cost. (You should have been around when the database companies charged you by the record and the time you were connected to their server! I have it on very good authority, that if it had been a slow month they would throttle back the connection speed to that they could charge more money for the time their clients were connected.) Taking 15 years of inflation and economic adjustments into account, a “comprehensive report” could cost as much as $45 in today’s currency.  Eventually, these commercial database providers evolved and acquired staggering amounts of data and technology made the data cheaper to serve then faster to sort through and obtain, which also made data more affordable.

What I didn’t immediately recognize back then was the legal minefields these databases would eventually become…

The days when just about anyone could gain access to data and pull information on friends, relatives, enemies and “lost loves” out of mere curiosity and a touch of voyeurism were short lived!  This fast and unfettered access to shocking amounts of “private information” horrified an unaware American public in a series of highly publicized stories of major data breeches, murders and an alarming rise in identity theft, which were all being connected in one way or another to professional information brokers.  This sudden awakening also gave rise to a new breed of political crusader; the privacy zealots were born.  It wasn’t long before these neo-politicos would begin to curry favor with their constituents by changing existing laws and producing new laws in an effort to protect consumer privacy.  Thankfully, the database and information brokers did form a trade group, Individual Reference Services Group (IRSG), and made earnest attempts to police themselves through what was coined the “IRSG Principles” whose aim was to educate their clients about the use of reference data, improve data quality, limit access to non-public data, improve security of sensitive data and to promote consumer choice in the marketplace.  While the effort was a little too late in coming and the IRSG eventually disbanded, these early attempts at preserving the professional investigator’s access to restricted information paid off.

The Fair Consumer Reporting Act (FCRA) was originally enacted in 1970 in an effort to address a growing credit reporting industry in the United States that collected and sold “consumer credit reports” and “investigative consumer reports.”  It was the first official act of Congress to define and place access/use restrictions on “non-public personal information.” Sweeping and substantial amendments to the FCRA were made in the Consumer Credit Reporting Reform Act of 1996 that further limited access to information contained in a consumer credit report through a set of “permissible purposes” that were loosely based upon the IRSG principles of access and would later be adopted by the Drivers Privacy Protection Act (DPPA) and the GLBA.  The FCRA also more narrowly defined how non-public personal information could be used and what disclosures had to be made when adverse information was used to make credit or employment decisions deemed unfavorable to the consumer.  While the FCRA did have a widespread effect on access to restricted data, it had the most chilling effect on private investigators and agencies that were in the business of pre-employment background screening. Background screening and FCRA compliance is a topic best served under a separate title.

The DPPA was passed as an amendment to the “Violent Crime Control and Law Enforcement Act of 1994” in reaction to a series of abuses of information contained in State motor vehicle registration and driver’s license databases.  The murder of actress Rebecca Schaeffer in 1989 was paraded as one example of such an egregious misuse of this information. In that instance, a private investigator obtained Rebecca Schaeffer’s address through her California motor vehicle record and sold it to an obsessed fan who used that information to eventually stalk and kill the actress.  The act was amended again in 2000 to provide for even stricter privacy protocols; it more narrowly defined the available permissible purposes used to gain protected records and gave individual states increased power to enact broader protections than those authored by Congress in the DPPA.

A little over 10 years ago Congress also enacted the Gramm-Leach-Bliley Financial Modernization Act of 1999 (GLBA) “to enhance competition in the financial services industry by providing a prudential framework for the affiliation of banks, securities firms, and other financial service providers, and for other purposes.”  These other purposes would famously include comprehensive privacy protection and access restrictions to non-public personal information derived from data obtained, developed and shared by financial institutions.

In the Electronic Privacy Information Center (EPIC) article, “Victoria’s Secret and Financial Privacy,” the author wrote, “Outside the Beltway, it is not well known that a Victoria’s Secret catalog is one of the key reasons that Congress included privacy protections for financial information when passing the Gramm-Leach-Bliley Act (GLBA). The GLBA sought to “modernize” financial services- that is, end regulations that prevented the merger of banks, stock brokerage companies, and insurance companies. The removal of these regulations raised significant risks that these new financial institutions would have access to an incredible amount of personal information, with no restrictions upon its use…”

“In a session where House Commerce Committee Members “marked up” a draft version of the GLBA, Representative Ed Markey (D-MA) introduced an amendment that would add privacy protections. The Markey Amendment was strongly opposed by the banking industry. It added “Title V” to the Act, giving individuals notice and an ability to control some information sharing…” and “Prospects for privacy protection remained dim despite a series of testimonials by Members who recounted their experiences of having their Social Security Numbers and financial information sold…”

However, critical support for the Title V Amendment came from Representative Joe Barton, a conservative Republican and privacy advocate from Texas, who was outraged and embarrassed that he started receiving Victoria’s Secrets catalogs at his Washington, D.C. residence- the address to which he had only given to his Credit Union.

The article went on to say that, “Barton expressed concern that his credit union had sold his address to Victoria’s Secret. Representative Barton noted that he started receiving Victoria’s Secret catalogs at his Washington home. This was troubling- he didn’t want his wife thinking that he bought lingerie for women in Washington, or that he spent his time browsing through such material.”

On the heels of that experience, Barton supported prohibiting financial institutions from selling their customer’s personal information.  The GLBA, with the newly appended “Title V Privacy” amendment, was then approved by Congress.  It should also be noted that Barton’s ex-wife went on to become a victim of identity theft as well and he has used these issues to further identity theft and personal information privacy legislation.

Thus protecting the privacy of consumer information held by “financial institutions” became the heart of the financial privacy provisions of the Gramm-Leach-Bliley Financial Modernization Act of 1999 and there are essentially three principal parts of Title V, the privacy provision in the GLBA: the Financial Privacy Rule, Safeguards Rule and pretexting provisions.  The Financial Privacy Rule regulates the collection and disclosure of customers’ personal financial information by financial institutions. It also applies to companies, whether or not they are financial institutions, who receive such information.  The Safeguards Rule requires all financial institutions to create and deploy safeguards to protect customer information. The Safeguards Rule applies not only to financial institutions that collect information from their own customers, but also to financial institutions “such as credit reporting agencies” that receive customer information from other financial institutions.  Subtitle B of the GLBA titled “Fraudulent Access to Financial Information,” prohibits the practice commonly referred to by private investigators as “Pretexting” in order to obtain personal financial information.  It is important to note that this law also makes soliciting of others to engage in pretexting a crime as well.  In several (very well-publicized) instances the Federal Trade Commission has brought cases against information brokers who engaged in obtaining protected information under false pretense.

So what does the GLBA really mean to the professional investigator as it relates to gaining access to sensitive, non-public personal information on subject’s whom they may be investigating?

Statistically speaking only 458 words out of the over 60,000 words in the GLBA apply to professional database providers and their clients. If an investigator has in the past several years attempted to gain access to GLBA protected data from a professional provider these words should be very familiar as they form the basis of the general exceptions under which non-public personal information can be disclosed to our clients:

++++++++++++++++++++++++++++++++++++++++

TITLE V – PRIVACY

Subtitle A – Disclosure of Nonpublic Personal Information

SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION.

Subsection (e):

GENERAL EXCEPTIONS. – Subsections (a) and (b) shall not prohibit the disclosure of nonpublic personal information-

(1) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with-
(A) servicing or processing a financial product or service requested or authorized by the consumer;
(B) maintaining or servicing the consumer’s account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; or
(C) a proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer;

(2) with the consent or at the direction of the consumer;

(3) (A) to protect the confidentiality or security of the financial institution’s records pertaining to the consumer, the service or product, or the transaction therein;
(B) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
(C) for required institutional risk control, or for resolving customer disputes or inquiries;
(D) to persons holding a legal or beneficial interest relating to the consumer; or
(E) to persons acting in a fiduciary or representative capacity on behalf of the consumer;

(4) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institution’s compliance with industry standards, and the institution’s attorneys, accountants, and auditors;

(5) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951–1959), a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;

(6) (A) to a consumer reporting agency in accordance with the Fair Credit Reporting Act, or
(B) from a consumer report reported by a consumer reporting agency;

(7) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or

(8) to comply with Federal, State, or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.

++++++++++++++++++++++++++++++++++++++++

Generally speaking, private investigators should really be more concerned about running afoul of individual state privacy breach laws that have far-reaching civil and criminal implications.  Data breach laws are vastly different from state to state and some have provisions in them allowing state agencies to pursue enforcement actions against violators located well beyond state lines.

This new reality means that someone with access to GLBA protected data has to be extremely careful when considering whether or not they really have a “permissible purpose.” In an age when information returned in database searches are most probably obtained from sources outside of the state in which the investigator is conducting his or her investigation, it is entirely possible to run afoul of several state data breach laws if not extremely careful.  For example, did you know that it is against North Carolina data breach laws to even speak about protected, personally identifiable information with someone who is not authorized to be in possession of that data?

Generally, the GLBA affects professional investigators in the following three ways:

1.  The GLBA reaffirms, reinforces and then expands upon the FCRA’s definition of “non-public personal information;” most importantly, the GLBA limits access to credit headers because they are a part of the consumer credit report, which is information developed by financial institutions. Credit header information forms the basis of almost all of the information contained in “people search” products and is the foundation upon which all “comprehensive report” database products are built!

Information in the header, or top most portion, of the consumer credit report was once not considered to be derived from financial information because it did not include banking information, credit accounts or financial profiles, per se. The credit header only contained personal identifier information, (name, aliases, date of birth and social security number) current reported address and a list of previously reported addresses. That changed in 2002 when the Court of Appeals for the District of Columbia affirmed rulings in TransUnion v. FTC, No. 01-5202 (D.C. Cir. 2002) and in IRSG v. FTC, 145 F. Supp. 2d 6, No. 00-1828 (D.D.C. 2001) when both TransUnion, one of the top three consumer reporting agencies, and the IRSG were both unsuccessful in lawsuits against the FTC that were filed in their efforts to overturn GLBA privacy regulations and to have certain data (i.e. credit header information) excluded from the Financial Privacy Rule and the Safeguards Rule specifically.

2.  The GLBA requires those who possess GLBA-protected data to secure and prevent the unauthorized distribution of that data unless the intended receiver is also permitted by exception under the GLBA.

3. The GLBA provides severe civil penalties for unauthorized access to data (a data breach) and those who access the information in contravention of the GLBA.  States also have the power to provide for broader protection of non-public private information and to further define what constitutes a data breach and the “reasonable risk of harm” to their citizens.

Why is GLBA compliant data more expensive to obtain than non-GLB compliant data?

It’s better. Plain and simple- you get what you pay for.  The difference between the investigator barely making it and the one who is successful in his or her own business comes down to the quality of their tools.  The investigator using the $.50 “people search” or the $1.00 “criminal history search” is using the same information being marketed and sold to the average consumer.  I have never purchased data at cut rate prices and not expected to get stale, outdated data.  It is more expensive for the top-tier, professional data provider to obtain fresh updates to the information I need and I understand that.  Using data sourced from a professional provider, I can find the lead that will close those cases that others cannot.

I also want access to non-traditional sources of information.  Professional database companies are actively out looking for data from other “buckets of information” in order to be the best database provider in the industry.  This creatively sourced data is usually only available to companies with the financial capital to afford it.

Ultimately, I want access to billions of records updated everyday… not hundreds of thousands updated once a year and only the top-tier companies can manage that- they also happen to be GLBA compliant.

Database providers have become the convenient, if not vogue, coat hook on which the privacy hawks have hung their hats lately.  It will not be long before they begin to target the consumers of that data as well.  So, the bottom line for me is this:  I choose professional, top-tier GLBA data providers because…

1.  I have a PI license.  I had to go through a great deal of effort and expense to get and keep that license and it is valuable to me.  I want access to information not available to the public and I want to do a better job than my competition.  There are permissible purposes that allow me, as an investigative professional, access to non-public personal information and I understand that I will have to prove that I run a legitimate company, which will mean extra paperwork and time getting properly vetted before being approved for access.  I don’t want to do business with a company that is double-dealing while trying to compete with me by playing both the “business to business market” (me) and the “business to consumer market” (John Q. Public) at the same time.

2.  I need to know where my data comes from, where it was sourced and when it was last updated.  If (when) I am called to court to justify the findings of my investigation, I expect that the foundation upon which I built my investigation is solid. An established professional database provider knows where, when and how his or her data is sourced and takes steps to make sure that it is not collected or shared contrary to the law.  Cut-rate providers don’t usually know exactly where their records are sourced- are they GLB-protected or not? I NEED to know in order to stay out of trouble.  Who will be there to stand behind their data if called upon to do so?  I want to know more about where my data comes from, too, and a professional is not afraid to share that information.

3.  Professional database providers take the time and effort to train me to be a better investigator and how best to use their product and gain maximum advantage over non-clients, while potentially saving some money on my monthly search bill.  I respect the professional database provider that will tell me that his or her product is not the same as other database providers and helps me understand the strengths and weaknesses of each so that I can use the right tool for the job.  My database providers of choice each regularly tell me that I need to subscribe to multiple sources of information.

4.  I am not an expert on the GLBA, FCRA, DPPA, FDCPA, HIPPA, the Identity Theft Act of 2004 or the data breach laws of 50 individual states; when I have compliance questions I can call someone who understands complex compliance issues.  Professional database companies spend a great deal of time and money to educate their clients.  I expect that level of quality customer service and that if I use their service as prescribed that I will not get into trouble.

5.  Professional database companies materially support the investigation industry.  National and State industry associations do very important work and need the financial support of sponsors.  Database providers contribute to important causes and fund the ongoing fight to preserve my access to the information vital to the success of my business.  I will support those who support me.

This article was written by L. Scott Harrell and is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

Have you ever read the fine print on a credit application you’ve signed?

It says that you give the creditor permission to inquire about and share credit information with other creditors. This has long been the “Secret Weapon” used by ALL bill collectors! Essentially, they can call any of your other creditors and share information about you. This tightly guarded network of skip tracers has worked in cooperation with each other for at least 30 years despite the fact that almost no one outside of the investigation trades knows that the network exists!

Almost every credit grantor (credit cards, banks, etc.) has a skip-tracing department. Although some restrictions apply when contacting these companies, they are usually either very easy or very difficult to deal with, but they are all FREE! The usual restrictions are: they will only assist other creditors or skip tracers; they will only help you during certain hours and days of the week, etc.

These skip-tracing departments offer a wide variety of data. In most cases, you must be able to supply the full name, date of birth, last known address, social security number and occasionally an account number. I have easily obtained addresses, telephone numbers (published and non-published), relatives, employers, bank and credit card references and similar subject data, all without ever having to pay an information broker or database provider! Yes, the skip tracing process does not have to be difficult, but there is a catch. Skip-tracing department phone numbers are not published and practically all companies that have such a department either do not know or will not give them out.

With a little effort you can obtain the telephone numbers. Most credit inquiries come with a telephone number. In the event that they do not, call the credit bureau for the number. They maintain this contact information in case of a consumer dispute.

Start by contacting the creditors most likely to have current information. Ask for the “Skip Trace Department.” If they respond by telling they do not have one or do not assist anyone outside the company, tell them you have information to share that they will need soon. You will most likely be put through to another person, who will be a tracer.

What you do next follows a time honored tradition and “code”:

1. When you first make contact with the tracer, tell them that you have a tough
one and would like to trade some information in return for their help.
2. Offer your call back telephone number immediately. This insures you won’t forget to, and it also lets them know that you are serious about helping them.
3. Also, ask them if they would like a call back when you do find the skip, or if you acquire any new information on the skip that may be of use to them.
4. Verify all of the information you have and ask if they can update any of it. They want to know that you have done some work prior to calling.
5. After you have verified and corrected your information ask for references. The key word is “references.” They will almost never offer or give additional information otherwise. Ask for employment, credit and banking references, as well as alternate contact information.

As a general rule, a person can usually obtain this information without pretexting. This kind of networking will become one of your most valuable tools as a skip tracer. Write down every skip trace number you get your hands on. Always return phone calls and follow up on promises to call back. The tracer on the other end of the phone has recorded your callback number and may call you one day!

I have used skip-tracing departments in used car sales companies and local loan agencies to obtain the most current information. These types of companies require the most information on the application and have a larger stake in their creditors; consequently they are usually the friendliest. The skip’s car may have already been repossessed but they may still have some information to share, such as which agency did the repossession and where the collateral was located.

This article is a small excerpt from The Art of Skip Tracing and Missing Persons Investigations, an online skip tracing course for private investigators.

Jay Rosenzweig can relate. He’s a private investigator from Woodland Hills, CA. His problem is data-related.

“I have to memorize 40 different passwords,” he said.

He runs birthparentfinder.com but he also has several Ad Sense accounts, a Facebook I.D., Yahoo I.D., attorney e-mail and web master responsibility for 20 different sites.

“That’s my dilemma,” he said.

Onlookers would suggest the same password for each account but it’s easy to compromise. That was clear after hackers broke into his ATM and got his password and user I.D.

“You’ve got to write it down,” he said about passwords. “Try not to keep it in your computer. If you want to hack into someone’s account, all you need is their date of birth,” he added, or “your mother’s maiden name.”

Memory can be hard to understand. Jay sees that in his own life.

“What do you remember?” he asked. “Good things, bad things… things that embarrass you.”

He recently got a fraud case and smiled when he looked at the name of the woman who was being investigated; she was a client of Jay’s back in 1988.

“This lady wrote a letter praising my efforts to my boss,” he recalled, “a thank you.”

Now she was being investigated for insurance fraud.

“I saved it,” he said about the thank you note. It helped later when he was applying for another job and used her letter as a reference. “I thought this lady was a saint,” he said.

Detail Delimma…

Walter Metcalf sees a connection with time. He’s a private investigator in Bangor, ME.

“In many situations, details come very fast and it becomes a challenge to separate the ‘wheat from the chaff’.” he said.

He’s learned to “recap” after interviews of meetings.

“I use a micro-cassette recorder and basically ‘ramble’ using my notes and thoughts trying to cover all the basic points or elements of the investigation,” Walter explained.

That backfired in a large insurance fraud investigation. Walter had to interview a lot of people and page through documents.

“I made my ‘rambling’ dictated notes into my recorder after each meeting or day,” he recalled. “Over the course of the investigation I probably had twenty tapes going with various pieces of information on each tape.”

He then created a written report after each segment and put his cassette tapes into the file but a later court action discovered his reports and documents.

“All my thoughts, suspicions, swearing, and often irrelevant points were given to the opposing councils,” he said. “Some of my ‘thoughts and suspicions’ were thrown back into my face,” he said about his testimony. “I was able to justify and defend my ‘rambling notes and thoughts’ successfully,” he remembered but now he tells other investigators to always destroy original notes after the final report is completed.

Writing Helps But…

Bob J. Wilson is a private investigator in Sahuarita, AZ and has a deep suspicion of his ability to remember.

“I DO NOT TRUST anything to my memory,” he said. “I always keep a pen, paper, and camera close to me and write down everything I see, with time and date, and if I can, photo it. It is amazing the things you later see in a photo that you never noticed with your eyes at the time of observation…people, cars, etc…” he added.

Bob keeps a small recorder when he can’t recall all of the details; that helps with exact information like addresses, license plates and interviews.

“The older you get the more jumbled your memory gets…” he said.

Rollie McCarter agrees; he’s an investigator in Holyoke, MA, and he sees the need to record (in audio or video) all of his encounters.

“When you return back to your office, in order to prepare your written report for your client, you’ll have a complete story to tell,” he tells other investigators. “When writing your report, you must allow your reader(s) to feel as though they were actually there, by providing all necessary details, whether big or small.”

Danny Horton takes that one step further. He owns Horton’s Investigative Services in Iuka, MS, and uses a digital tape recorder for “measurements on an accident or crime scene, taking statements, or just notes.” but back at the office, Danny downloads his notes on a computer and transcribes it with a free program called “NCH Swift Sound” and adds those notes to his file.

“Handwritten notes are not reliable because of several factors,” he added, “poor handwriting, weather, and being rushed. I prefer a digital recorder over the tape recorders because they are more reliable and have a much larger capacity,” he tells other investigators.

Practice Can Help…

Jeffrey A. Williams, CPP, takes a different approach. He’s President and Managing Director of Orion Support Incorporated (OSI) in Manila, Philippines; he’s also a retired Counterintelligence Officer with U.S. Air Force Office of Special Investigations (OSI). During the Cold War he worked against various foreign hostile intelligence services. His “sources” would visit with their foreign intelligence “handlers” and then return for a thorough debriefing.

“Memory played a very important role in that activity,” Jeff recalled. “We required our sources to remember as much as possible as to what they saw during their meetings in the East.”

Their approach included practice. Jeff would prepare a serving tray with a “number” of unrelated objects on it. Then he would “cover it with a towel and bring the source into the room” where he would sit at the table where the serving tray rested. Jeff would then pull the towel off the tray for five seconds only.

“Thereafter, the source would then have to write down everything he remembered seeing on the tray for those five seconds,” Jeff explained. “We would do this over and over, which resulted in their improved memory.”

Jeffrey B. Daughtry expanded that approach in McDonough, Georgia. He’s president of Daughtry Investigative Services and recently saw the need for that focused details in recall. He had a domestic surveillance case that “rapidly escalated” to a corporate scandal involving multiple court appearances, sworn testimonies, and memory recall.

“Even the slightest signs of uncertainty would have ruined my client’s likelihood of claiming what was rightfully hers,” Jeffrey said. “Without a series of devices at my disposal to recall technical and specific details I would have failed miserably at the expense of another’s future financial stability.”

Jeffrey is a former U.S. ARMY Sergeant and remembers the shout of “SPORTS” on the rifle range whenever you needed to clear a weapon jam.

“Slap magazine, Pull charging handle, Observe chamber for ejection, Release charging handle, Tap forward assist, and Shoot,” he recalled. “While minor variations of this acrostic exist, ultimately we all have the same goal in mind,” he said.

A Need to Remember…

Allen Wolak understands the need, he’s a private investigator in Hobart, IN. Approximately 18 years ago, he worked on a criminal defense case for a man who was convicted of a murder and had gone through all of his appeals.

“All of our information showed the defendant was innocent, including the fact that none of the evidence at the case was his, and that the defendant was out of town at the time of the murder,” Allen explained. “This information was brought to the attention of the parole board who agreed that the defendant seemed to be innocent.”

The defendant ended up serving the rest of his time and eventually got out of prison on good behavior. Then 15 years passed by.

Allen ended up at a seminar for public defenders and criminal defense investigators when he overheard some attorneys talking about a case.

“After listening to what they were talking about, I heard them mention that the person that was murdered had been laundering money for the mob with gold coins,” Allen added. “I asked the attorneys for the name of the case they were talking about and it turned out to be the same case that I had worked on 15 years ago,” Allen said. “After 15 years, I still remembered the photographs that were introduced as evidence and in several of the photographs, there were gold coins strewn about the victim’s house.”

The details came back to Allen’s memory including the injustice of seeing an innocent man sent to prison.

“The one attorney that was an investigator for the case admitted to me that they always knew that my client was innocent,” said Allen. “However, they needed someone to pin this murder on because of public outcry and that they had phone records of my client being in another town at the time the murder was committed. This former Investigator has come forward and is willing to testify on his findings,” said Allen. “My case is now in the process of being re-opened after all of these years.”

Clay Renick is a freelance feature writer from Statesboro, GA and has written many articles related to private investigation.

Proper use of this basic principle in all investigative processes not only helps develop solutions to difficult questions, but it teaches investigators who use it to reason analytically in each step of their investigation. Skip tracers must use a certain pattern of thought to lead from one step to the next. Leaving out steps due to preconceived notions, are a disservice to a skip tracer’s work. It is necessary to use good, sound, methodology to ensure success. Above all else, the powers of observation are integral to what we do.

American jurist William Wirt once said, “Perhaps there is no property in which men are more distinguished from each other, than in the various degrees in which they possess the faculty of observation. The great herd of mankind pass their lives in listless inattention and indifference as to what is going on around them, while those who are destined to distinction have a lynx-eyed vigilance that nothing can escape.”

The fictional detective Sherlock Holmes is a familiar character with notoriously astute powers of observation. In Sir Arthur Conan Doyle’s Sherlock Holmes story, “The Red-Headed League”, Holmes states the following about Jabez Wilson, whom he has just met, “Beyond the obvious facts that he has at some time done manual labor, that he takes snuff, that he is a Freemason, that he has been to China, and that he has done a considerable amount of writing lately, I can deduce nothing else.” After a single glance, Holmes was able to deduce all these points about Wilson. He stated of his method of detection, “You know my method. It is founded upon the observation of trifles.” Holmes also said to Dr. Watson, “Not invisible but unnoticed, Watson. You did not know where to look, and so you missed all that was important. I can never bring you to realize the importance of sleeves, the suggestiveness of thumbnails, or the great issues that may hang from a bootlace.” Holmes was a proponent of the basic theorem that everything is significant.

How does a person become an effective observer? The first way is consciously practicing the discipline of looking and remembering. Effective observation depends on a properly trained memory. In an investigation, vision is worthless if not retained. Your own powers of observation are just as important while conducting a missing persons investigation as in any other complex assignment. In your search for the subject you may come across a great deal of information that may not readily be deduced as important. I have both caught and missed glaring examples of what we in the business would call a clue; I really hate it when I miss the obvious importance of small bits of information especially when I am looking over the same tidbits of information for the second or third time. In these moments, I have to tell myself to slow down, take a deep breath and actually see everything I am looking at. Additionally, I like to ask myself questions in order to focus.

Do all of the information and personal identifiers I have collected match? What am I missing that’s important? Have I been through all of my sources? Have I followed a well prepared plan or checklist? Etc., Etc.

By focusing in this way I have picked up on very subtle clues which positively contribute to the funnel process we’ve previously discussed: missed references and emergency contact information, addresses and postmarks on envelopes, account numbers and addresses on checks previously sent to the client by a debtor, the “dealer badge” or license plate frame on the back of a car, caller ID information, license plates, vehicles or obvious location information found in photographs… the list goes on and on.

I remember a case I had a few years ago, I was looking for a bail jumper and had developed an investigative file on him that filled three file folders and at least 50 investigator hours. The bail jumper had failed to appear for court on at least four other occasions. I was sure that I had been through every speck of information at least several times and I was at an absolute stand-still on the assignment. Exasperated and needing a new perspective, I handed the file to my wife who went through it once and pointed out a small hand written address at the bottom of a page in the bond release paperwork that the skip had signed prior to being released from jail. I guess I glossed over the address, but sure enough the address was different from every other address with which I had followed up and should have been obvious that I missed it. I drove by the residence and the subject was out front washing his car (it ended up being his residence) and I closed the assignment about 30 seconds later.

Incidentally, the bail bondsman said that afternoon that the cosigner had called him at least half a dozen times wanting to know how I found the defendant. It would appear that they knew what they were doing and that they had learned from prior mistakes- he and his cosigner (his girlfriend) were professional runners. I imagine that in his haste to complete his paperwork and get out of the “cross bar hotel,” the defendant messed up just once- which in the end was all that I needed to find him (not to mention my more observant wife). This brings me to another valid point… never tell a skip or other runner how you found them… it only makes it harder on the next guy if the subject has to be found again.

Call it professional courtesy.

The important take-away here is that we all need to improve our own powers of observation in an effort to be better investigators. Slowing down, looking over the information with a fresh perspective and realizing that nothing is insignificant.

Having the right tools and never giving up doesn’t hurt either.

It really does not matter if you are working in a rural or urban area, I guarantee you will have, or already have had, many dealings with dogs. Caution should be taken with every dog you encounter, no matter where you are and no matter what breed they may be.

The Humane Society, animal control officers and personal injury attorneys continue to warn of the dangers on exactly how aggressive dogs can be; millions of people are attacked by dogs every year in the United States.

According to the Centers for Disease Control:

• Each year about 4.7 million people are victims of dog bites; of these, 800,000 people receive medical treatment and 6,000 are hospitalized.
• 10-20 people a year die as a result of dog bites.
• Between 1979 and 1998, there were 238 reported fatalities where breed of dog involved was noted.
• 58% involved unrestrained dogs on the owner’s property.
• 24% involved unrestrained dogs off the owner’s property.
• 25 different breeds and mixes were involved in these attacks.
• Pitbulls and Pit-mixes were responsible for 76 deaths.
• Rottweiler and Rottweiler-mixes are responsible for 44 deaths.
• Pits and Rottweiler breeds are responsible for 67% of all fatal dog attack

In order to prevent becoming a dog bite statistic it is important to be prepared in the field by understanding a dog’s body language, why they attack and how to avoid an attack.

Many people are bitten or attacked by dogs because they tend to misread the dog’s intentions, body language or simply react the wrong way when the dog approaches them. When a dog feels threatened this is really a natural defensive instinct. Dogs defend their territory, plain and simple. They feel threatened when you come into their personal space.

What can you do to prevent being bitten?

Again, reading and understanding a dog’s body language is vital and can tell us whether or not they are being friendly or playful, fearful, submissive, dominant, aggressive or predatory.

Here are some great tips on preventing a dog attack:

• Don’t sneak up or a surprise a dog.
• When approaching an area where a dog may be, announce yourself and make some noise.
• Always check the area for signs that a dog may be living there: look for a doghouse, chain, rope, dog toys or the popular BEWARE OF DOG SIGN.
• Approach the premise in a deliberate and non-threatening manner.
• If the dog approaches you turn sideways to the dog.
• Never reach out or lean over the dog.
• Don’t make direct eye contact; this is threatening to a canine and an act of aggression.
• Attempt to give the dog some sort of command. In a calm, firm voice try saying “go” or “sit.”
• If the dog eventually loses interest in you, back away slowly until you are at a safe distance from the dog.
• Of course, doing anything stupid to provoke or intimidate the dog will guarantee aggressive behavior from the dog. Do not “challenge” the dog or taunt it.
• Never put yourself between the dog and its escape route or your possible escape route.

All dog bites are not the same! To measure the degree of severity of the bite, Dr. Ian Dunbar a veterinarian, animal behaviorist and writer has created the following chart/guide on bite “levels:”

• Level 1: This bite does not touch the skin. The dog is air biting or snapping.
• Level 2: This bite makes contact with the skin, but doesn’t break the skin. Pain and bruising may result, but no abrasions will be visible.
• Level 3: This bite ranges from a one to three punctures in a single bite with one puncture less than ½ the depth of the eye-tooth (fang) with or without some tearing.
• Level 4: The dog is putting great pressure into the bite. 1 to 4 puncture wounds with or without tearing, more than ½ the depth of the eye tooth. This is usually accompanied with bruising and likely to require medical attention. These injuries suggest the dog grabbed and shook what was in its mouth.
• Level 5: Multiple level 4 bites. This dog is usually beyond the ability to reason and may feel his/her life is threatened.
• Level 6: The dog has killed.

If you are being attacked:

• Attempt “feeding” it anything you may have on you: your jacket, clipboard or a treat. I carry dog treats in my car at all times!
• Don’t yell, scream or run. This will alarm them and may provoke a greater level of aggression.
• If possible, find a safe place to retreat- like your vehicle, behind a fence or in a tree.
• If the dog knocks you off your feet and onto the ground, curl into a fetal position and protect your face and head. Use anything that you may have in your possession to barrier yourself between you and the dog. Do not fight back or antagonize the dog.
• Remain as frozen or motionless as possible until the dog loses interest in you.

After the Attack:

As with any other injury, applying first aid techniques quickly are essential and having a first aid kit in your car is vital.

• Wash the bite wound with soap and water.
• If the dog broke the skin and you are bleeding, stop the bleeding by putting pressure on the wound and then clean the wound.
• Disinfect the bite wound by applying hydrogen peroxide, iodine or alcohol and cover the wound with a bandage.
• Visit your doctor or go to the emergency room within 24 hours of the initial dog bite.
• If your skin was broken you are more than likely going to have to get a Tetanus shot.
• Your doctor may also prescribe an antibiotic to ensure you do not get an infection.
• The possibility of contracting Rabies will also have to be considered and may involve a report to Animal Control Officers.

If your wound is not properly treated a dog bite can develop into an infection or even something more serious. Report the bite immediately to the local animal control shelter so they can investigate the incident.

The bottom line is… BE CAREFUL! The hard truth is that not every pet owner treats their pets the way they should; have you ever watched “Animal Cops” on television? There are thousands and thousands of underfed, abused and aggressively raised dogs. Even the cutest teacup sized dog might try to bite your hand off.

Be prepared.

This article is posted courtesy IRBseach, LLC.

IRBsearch offers The Most information, The Best data sources, and The Fastest delivery for locating people, businesses, and their assets. With one click you can search billions of records in just a fraction of a second.

After winning a judgment, for a lucky few the debtor will pay. Unfortunately, for the greater majority a judgment ends up being nothing more than a useless piece of paper. And you’re not alone – nearly 80% of all civil judgments are unsatisfied. Unless you understand how to locate assets and enforce it – after the final bang of the judge’s gavel it may all have been for nothing. No need to despair… If you’ve won a judgment, there are many powerful legal tools at your disposal to force an unwilling debtor to pay.

In most states you can garnish wages and/or seize a variety of assets: Automobiles, recreational vehicles, bank accounts, income or property in the possession of third parties, business income and equipment, and real or personal property.

There are many means of asset discovery available to judgment holders. One common tool would be a consumer or business credit report. A credit report provides an enormous quantity of information about the debtor’s current and previous addresses, assets and financial health. In addition, it will provide leads to other sources who have information about your debtor. If necessary, you can use a subpoena to order them to give you information.

Another useful tool is a debtor examination. You may compel a debtor to appear in court to produce documents and answer your questions about assets. Aside from the obvious benefit of a debtor examination, consider how terrifying it is to be ordered to appear in court! Failure to appear can result in a bench warrant. In addition, a Turn Over Order may be used to seize any assets, including cash-in-pocket, jewelry or other items on the debtor’s person.

Above all else, the debtor examination is a terrific legal intimidation tool. You can use this procedure to examine third parties who may have knowledge about the debtor’s assets. Just imagine… The mother-in-law, the mistress, or an ex-spouse! I can think of no faster way to persuade a debtor to find a way to pay you.

It goes without saying that you can seize real and personal property; however, this can be an expensive and time-consuming endeavor. Nevertheless, sometimes this may be useful even if your only goal is to make your debtor pay you voluntarily. If your debtor possesses an enormously large ego, you might seize his new Corvette, or his classic muscle car. If your target runs a successful data processing business, you might want to seize the main computer server – effectively bringing the business to a screeching halt. Starting to get the drift?

Before proceeding, you’ll want to determine the amount of equity in the property, the cost involved, and whether or not it’s worth your while to go through with it. Your due diligence should include:

• Contacting the County Clerk-Recorder in the county where the property is located to find out if there are any senior liens on the property.
• Allowing for any partial exemptions of the equity in the asset.
• Deducting any loan or mortgage balance.
• Cost: When property is seized for sale, it must be stored in a proper facility until the sale, which may require a deposit.

After the seizure, the debtor is notified that a sale will take place unless he or she pays you. If the sale proceeds, expect to get about 10 cents on the dollar of the property’s value.

A long-term alternative would be to record a Judgment Lien in the county where property is, or may be located. Liens are enforced at the time the debtor attempts to sell, refinance or acquire property. Liens have a ‘pecking order’, so if a lien was recorded ahead of yours, any equity goes first toward the senior lien holder and whatever is left goes to the next in line.

If your debtor owns a retail business you can use either a Till Tap or a Keeper. With a Till Tap, a levying officer (the sheriff) will collect any money found on the premises. A Keeper will to collect the money and then stay behind the register for 8 or more hours. If your debtor has a high profile business this is sure to send her running for the checkbook!

A Third Party Levy orders the person/company/whoever that has the money to give it to you, instead of your debtor. Let’s assume your debtor has non-traditional income. Perhaps cash under the table for babysitting, or income from rental properties. Try to think outside of the box on this one and find the actual source – and intercept it. He’s doing landscaping for Joes’ Motel? Then Joe’s Motel is your target.

These are just some of your basic tools of judgment recovery. A word of advice: Arm yourself with as much knowledge about the debtor before you find yourself in this position. If you already know where the assets are, you’ll be 10 steps ahead of the game. If you’re going to lend money, write an agreement and get financial information and a social security number. If you have rental property use a thorough application and verify the information before renting. Copy any checks you receive. Keep canceled checks that you have written – these reveal the bank account number of the depositor. Protect yourself ahead of time and you’ll save yourself a lot of potential grief down the road.

Christina Smiley is the founder of Sierra Judgment Recovery. She has been providing professional judgment recovery training since 1997.