§ 3.10.4 Asset Search

• Jurisdiction: Arizona

§ 3.10.4 Asset Search . There are numerous private investigators, tracing services, and credit reporting agencies, whose services range in price and quality, who can assist in locating assets. However, there are several things that either an attorney, or the client, can do to locate assets without the use of outside sources. The following suggestions are not exhaustive.

First, there are commercial databases that may eliminate the need to use investigators or skip tracers. These include CDB Infotek® (“Discovery Plus” searches billions of public records and close to 2,000 databases instantaneously), Westlaw®, or LexisNexis®. Westlaw provides an asset locator service called “All Assets,” which is located under the Public Records search feature. LexisNexis provides a similar service by allowing a public records search under Lexis Advance® Research. Another web site for information is White Pages (www.whitepages.com), which provides a reverse phone number directory and allows a search for addresses and phone numbers by using on-line White Pages and Yellow Pages directories. The service will even generate a map showing how to get to the debtor’s location (if the debtor is listed).

Second, the Department of Transportation, Division of Motor Vehicles, may reveal whether an individual or his corporation (has the debtor titled vehicles for personal use in the name of a corporation?) owns a motor vehicle. A.R.S. § 28-455(C)(4) allows attorneys access to DMV records. You can search these records by name, license plate number, or vehicle identification number. You may be able to get information regarding the original amount of the lien. Remember, pursuant to A.R.S. § 33-1125(8 ), the debtor has a $6,000 exemption in the equity of a vehicle ($12,000 if physically handicapped), so it is important to know what the current lien is. For example, if it is determined that an individual owns an automobile free and clear of liens, the lawyer for the creditor may want to direct the sheriff on a writ of execution to try to levy first on that vehicle. You also may obtain a copy of the driver’s license with a photograph and description of the debtor. This can be helpful when the debtor is evading service. While the form of general execution does not provide for any specific item of personal property, a cover letter to the sheriff disclosing the ownership of the vehicle and indicating that there are no liens on it makes the sheriff’s job much easier and is more likely to bring results. If possible, the location of the car at some particular time during the day also should be indicated.

The Arizona Fish and Game Department keeps track of boat ownership (but not personal watercraft, such as Jet Skis and Sea-Doos). Information can be requested by serial number, hull number, and owner’s name. Lien information is not maintained, but the boat trailer is licensed by the Division of Motor Vehicles, which should have records on the trailer.

The Federal Aviation Authority in Oklahoma City keeps records on all aircraft. Besides ownership, the records also...