Glossary
The vocabulary of asset investigation and judgment enforcement, defined plainly. Written for counsel, paralegals, and credit teams who need the working definition rather than the treatise.
Asset search
An investigation identifying the recorded and registered holdings of a person or entity — real property, titled vehicles and vessels, business interests, secured filings, liens, judgments, and bankruptcy history. Used to determine whether a claim is collectible before filing, and what is reachable after judgment.
Skip trace
An investigation to determine a person's current location and contact information, typically after routine attempts have failed. Produces best-available, confidence-rated leads on current address, telephone, employment where developed, and known associates. Records raise confidence but do not constitute verification — nothing is verified absent physical confirmation. The term comes from a debtor who has "skipped."
Bank or brokerage search
An investigation identifying the financial institutions with which a person or entity holds a relationship, so a creditor can direct a garnishment or subpoena at the correct institution. A lawful bank search identifies relationships and assesses financial health; active balances are not searched and come from the institution only under legal process.
Permissible purpose
The lawful basis required to conduct a search or access restricted data. Common permissible purposes include enforcing a judgment, pending or contemplated litigation, a fiduciary or receivership appointment, fraud investigation, and legitimate business need in a transaction. Reputable investigators document it before beginning work.
Pretexting
Obtaining information by misrepresenting one's identity or purpose. Where financial institutions are concerned, the Gramm-Leach-Bliley Act prohibits obtaining a customer's information through false, fictitious, or fraudulent statements, and prohibits requesting that another person do so. It is unlawful, not merely unethical.
Gramm-Leach-Bliley Act (GLBA)
Federal law governing the privacy of consumers' financial information. Its pretexting provisions make it unlawful to obtain customer information from a financial institution under false pretenses, including by hiring a third party to do it.
Fair Credit Reporting Act (FCRA)
Federal law governing consumer reports and the agencies that produce them. Investigative reports prepared for litigation or judgment enforcement are generally not consumer reports and may not be used to determine eligibility for employment, credit, insurance, or housing — those decisions require a consumer reporting agency operating under FCRA procedures.
Driver's Privacy Protection Act (DPPA)
Federal law restricting access to and use of motor vehicle records. Access is permitted only for enumerated purposes, which include use in connection with civil proceedings and certain licensed investigative activity.
UCC-1 financing statement
A public filing by which a lender perfects a security interest in a debtor's personal property. For investigators it is doubly useful: it identifies collateral, and it names the secured lender — which is often the debtor's bank.
Writ of garnishment
A court order directing a third party holding the debtor's property or funds — typically a bank or an employer — to turn them over toward satisfaction of a judgment. Only effective if served on an institution that actually holds something, which is what a bank search establishes.
Supplemental proceedings / debtor's examination
A post-judgment court process compelling a judgment debtor to appear and testify about their assets under oath. An asset search conducted beforehand converts the examination from a fishing expedition into targeted questioning.
Fraudulent transfer
A transfer of property made to hinder, delay, or defraud a creditor, or made without reasonably equivalent value while insolvent. Investigators document the chain and the timing of transfers; whether a transfer is legally fraudulent is a determination for counsel and the court.
Charging order
A remedy directing that distributions otherwise payable to a debtor from an LLC or partnership be paid to the judgment creditor instead. Requires first identifying the debtor's membership interests, which is standard asset-search scope.
Domestication of a judgment
Registering a judgment entered in one state with the courts of another so it can be enforced there. An asset search across jurisdictions determines whether domestication is worth the filing cost.
Judgment-proof
A debtor with no non-exempt assets or income reachable by a creditor. Establishing this early — with a documented search showing what was looked for and not found — often saves a client more than a successful collection would have returned.
Beneficial ownership
The natural person who ultimately owns or controls an entity, as distinct from the nominee, manager, or registered agent appearing in public filings. Establishing it usually requires layering corporate records, property records, and litigation filings together.
Investigative work product
A report prepared by an investigator for use in litigation or a business decision. Distinct from a consumer report, and typically structured so its findings and sources can be attested to by declaration if the matter requires it.
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These definitions are general and for orientation only. They are not legal advice, and terminology and remedies vary by jurisdiction.