how can a lawyer find out what bank accounts you have

by Estella Stanton 8 min read

The two most common ways that investigators obtain bank records or account information is through a source in the banking industry or through pretexting. [To save you the Google search on pretexting, it’s loosely defined as the practice of getting your personal information under false pretenses.]

Finding other accounts is generally done through tracing; in other words, reviewing accounts that are known and seeing transfers made to other accounts that were previously unknown. Forensic accountants and private investigators are employed to help ascertain this information as well.

Full Answer

How do I find out where someone Banks?

Look at a check the debtor wrote you if you have one available. This check will have a tremendous amount of financial information on it, including where the debtor banks and his bank account number. This is the easiest way to find out where someone banks, although it is not always an option.

Is it legal to do a bank account search?

It’s perfectly legal provided you have a fiduciary interest. If your purpose for a bank account search is for unlawful reasons then of course this would be a criminal act. For instance, it would be illegal to conduct a bank account search to determine the credit worthiness of someone in order to make a loan.

What information do you need to search a bank account?

In the case of an individual, we need the subject's name, address and Social Security Number. When searching a business, we need the business name, address and employer identification number (EIN) 2. Is it legal to search bank accounts and hidden assets? It’s perfectly legal provided you have a fiduciary interest.

Who can view my bank account balance?

This article will address specific scenarios that allow others to view your bank account balance. Government agencies, like the Internal Revenue Service, can access your personal bank account. If you owe taxes to a governmental agency, the agency may place a lien or freeze a bank account in your name.

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Can an attorney find a bank account?

It may also protect the information that comes to light through the investigation, so that it is legally admissible in court. With the help of an attorney, you can subpoena many valuable records, including employment records, bank statements, loan applications and other account records.

How can you find hidden bank accounts?

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Who can legally see your bank account?

Government agencies, like the Internal Revenue Service, can access your personal bank account. If you owe taxes to a governmental agency, the agency may place a lien or freeze a bank account in your name. Furthermore, government agencies may also confiscate funds in the bank account.

Can I search for bank accounts in my name?

You may be able to find some bank accounts under your name by checking your credit report. However, checking and savings accounts are not reported there. If you have old, inactive accounts, you might be able to find them by searching for unclaimed money.

How do private investigators find bank accounts?

Private investigators can find bank accounts California by accessing databases. They may also look through public records such as property filings, tax returns, and other papers.

Can a lawyer request bank statements?

A lawyer can ask you for a financial statement during settlement discussions, but you are not required to provide the information.

Can a background check show bank accounts?

Check and Bank Account Reports ChexSystems keeps a database on consumers' activity with checking and savings accounts. Many banks will pull your report and consider the information when reviewing your application for a new account.

Can the government find out if you have a bank account?

The Short Answer: Yes. The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.

Are bank accounts confidential?

Almost all banking secrecy standards prohibit the disclosure of client information to third parties without consent or an accepted criminal complaint. Additional privacy is provided to select clients via numbered bank accounts or underground bank vaults.

How do I find all accounts in my name?

If you are trying to determine whether or not someone has opened a checking, savings or credit card account under your name, you can request copies of various consumer reports. The most famous such report is the credit report, which is administered by consumer reporting companies Equifax, TransUnion and Experian.

How do I find any accounts in my name?

The best way to find out if someone has opened an account in your name is to pull your own credit reports to check. Note that you'll need to pull your credit reports from all three bureaus—Experian, Equifax and TransUnion—to check for fraud since each report may have different information and reporting.

How do I find old bank accounts?

The Federal Deposit Insurance Corporation keeps information about insured banks, which might help you research the old bank account and locate the information you want. Search the FDIC database of insured banks to find the bank that housed the bank account in question.

2 attorney answers

If you know what bank your husband's savings account was at, you can subpoena the records even if the account is closed. Community property is all property (including money) acquired during the course of the marriage.

Daniel John Klett

You are entitled to half the marital assets. Tracking money is done by forensic accountants.

What happens if you show up without bank statements?

If you show up without bank statements, the trustee will question you about where you keep your cash and how you pay your bills. You might have to produce evidence of money orders or receipts for payments. The trustee will likely consider this to be a red flag that will trigger further investigative steps.

How long was an ex baseball player in jail?

An ex-pro baseball player landed in prison for six months, plus was hit with 200 hours of community service and $200,000 in restitution. Bankruptcy judge sentenced a real housewife to 15 months in federal prison and $200,000 in restitution.

What information do you need to file for bankruptcy?

When you file a bankruptcy case, you’ll provide extensive financial information to the court, including listing all your creditors, income, expenses, recent payments, and other financial transactions. You must also list all property, including money. If you are thorough, you’ll include: checking and savings accounts. utility deposits.

How much did the mother of a dancing child get?

The mother of a dancing child reality star received one year and one day of prison time and two years of supervised release, plus a $40,000 fine and $120,000 in restitution, and had to give up a DNA sample. Of course, it isn’t just the rich and famous who come under scrutiny.

Can bankruptcy audits reveal hidden accounts?

A Bankruptcy Audit Could Uncover an Account. The trustee might also uncover a hidden bank account during a case audit. The bankruptcy code instructs the US Trustee (a division of the Justice Department) to audit Chapter 7 and Chapter 13 cases, both randomly and in any case that raises the trustee’s suspicions.

Do you have to disclose your change jar in bankruptcy?

the balance in your wallet and the change jar on your dresser. Although it’s rare to find that level of detail in a debtor’s bankruptcy schedules, technically, every one of those items has to be disclosed even if the property qualifies for an exemption —the law that allows you to keep assets needed for a fresh start.

What is the number to call for divorce investigation?

Call us at 800-474-5350 for further information.

How many people hide money from their spouse?

A recent CNBC report said that a whopping 7.2 million Americans are hiding money from their spouse. In other words, 26% of married people have a secret stash of valuable assets!

Can a private investigator invest in stocks?

A good private investigator will answer this question with a confident, “Absolutely!”. It’s easy for a spouse to tuck away extra money by investing in stocks or securities. Most brokerage accounts also have associated money market accounts, which can act just like checking accounts.

Do private investigators charge an arm and a leg?

The best investigators don’t charge an arm and a leg for their services. Here at Docusearch, there’s a flat charge to begin a hidden assets search.

Can you split your assets evenly when you get divorced?

Unless you signed a prenuptial agreement that states otherwise, all of your shared assets are supposed to be split evenly when you get divorced . In many cases, people start hiding money because they know it’s only a matter of time before their divorce is officially filed.

Can a divorce lawyer search for assets?

As smart as your divorce lawyer may be, he can’t search for all of the assets that your spouse may be hiding. And, yes, conducting bank and brokerage account searches are completely legal, provided that all applicable laws are followed, including the Gramm-Leach-Bliley-Act.

Do you get a tax refund after divorce?

For example, some spouses will delay commission payments or bonuses at work so that the money doesn’t count as part of their income until after the divorce is final. Some spouses even go so far as to pay extra money to the IRS — meaning that they’ll get a tax refund, but not until the divorce is over.

Why is it important to account for all assets?

Overall, it’s important to account for all assets because a court may consider separate assets when determining how to split marital property and debt responsibility. Hidden assets can have an effect not only on property distribution but also maintenance and child support, so it’s important to bring all assets to light.

Can you have hidden assets in a prenup?

If you signed a prenuptial agreement, you may or may not have rights to hidden assets depending on how they are categorized through the legal process, but those assets do need to be accounted for, depending on state laws. In general, assets may be categorized as marital, separate or comingled, but these categories can differ depending on ...

Is it a matter to be taken lightly when you are a hidden asset?

Uncovering hidden assets is no small concern, and it’s certainly not a matter to be taken lightly. Having the right legal team on your side is essential to making sure you navigate the process legally and effectively, while securing a split of the property that is fair to you.

Who said "anyone who thinks all is fair in love and war never had a spouse who hid bank

5 months ago by Sonja Davig, Family Law Attorney. Anyone who thinks all is fair in love and war never had a spouse who hid bank accounts on them. It happens, unfortunately, and when it’s time to call it quits on a marriage, you deserve a fair split of assets.

Can a spouse hide money?

Keep in mind, hidden bank accounts aren’t the only concern. Unscrupulous spouses have been known to hide money in myriad other ways, such as withdrawing large sums and placing them in a safe deposit box under someone else’s name, for example.

Is marriage an asset?

In marriage, nearly everything you acquire is considered a shared asset. There’s almost always a trail when assets are hidden. If high-level investors can get brought to justice for hiding assets, there is most certainly evidence that can help you find what’s rightfully yours.

What does a caller ask if a check is clear?

The caller will ask the bank teller or representative if a check in the amount of a certain amount will clear or not. Some banks will still tell the caller if the check will clear or not clear. While this does not give the caller an actual account balance, it does give the caller an idea about how much money may or may not be in your account. ...

What happens if you lose a civil lawsuit?

If you are ever involved in a civil lawsuit and lose, the party that sued you may have access to your bank account balance and the money in the account. Whenever someone is awarded a judgment, the court that awarded the judgment will allow the prevailing party to begin searching for and claiming assets of the party held to be liable.

Why do law enforcement agencies request subpoenas?

Law enforcement agencies usually request these types of warrants and subpoenas to help aid in the prosecution of criminals that use banks to hide illegal funds or funds that were earned during criminal activities.

Can a government agency access my bank account?

Government Agencies. Government agencies, like the Internal Revenue Service, can access your personal bank account. If you owe taxes to a governmental agency, the agency may place a lien or freeze a bank account in your name. Furthermore, government agencies may also confiscate funds in the bank account. However, there are rules and procedures that ...

Can a court order a bank to turn over information?

While the court will not directly assist the prevailing party in searching for bank accounts, the court will issue court orders for a bank to turn over information about a particular party's accounts and account balance.

Do banks protect your bank account?

For the most part, banks do an excellent job of protecting the privacy of your bank account information and your balance; however, there are times when people may gain access to your bank account information and even how much money you have in a particular account.

Can a government agency confiscate money?

Furthermore, government agencies may also confiscate funds in the bank account. However, there are rules and procedures that must be adhered to by any agency -- even a government agency -- before the bank will allow them to view your personal banking information or balance and before the bank will comply with a seizure request.

What happens if you write a check to a debt collector?

If you made even one, the collector probably has a copy of the transaction if you use a bankcard, so he has your bank name. If you wrote a check, he has your bank's routing number and your account number as well.

What happens if a debt collector collects your money?

If the collector then manages to collect your entire debt, he keeps the balance. This gives debt collectors a lot of incentive to get your money. They'll typically begin bombarding you with phone calls and correspondence. They may ask outright for your account information and if you're rattled, you might blurt it out.

What is debt collector?

By definition, a debt collector is someone whose job it is to collect a debt you owe to a third party. It's often a lawyer or a collection company, not the party you initially contracted with. Sometimes the initial creditor hires a debt collector, but other times it sells its debts to collectors for pennies on the dollar. If the collector then manages to collect your entire debt, he keeps the balance. This gives debt collectors a lot of incentive to get your money. They'll typically begin bombarding you with phone calls and correspondence. They may ask outright for your account information and if you're rattled, you might blurt it out. If the debt collector sues you, he can serve you with interrogatories, written questions which you must answer under oath as part of the litigation. Invariably, one of those questions will be, "Where do you hold bank accounts?" If you don't answer honestly or at all, you could be held in contempt of court.

Can debt collectors get creative?

Debt collectors will get creative if you've given them absolutely nothing to work with. After they have a judgment against you, they can send garnishment orders to any bank they choose, hoping to get lucky.

Do credit applications ask for bank account information?

In all likelihood, you completed and signed a credit application to open the account the collector is trying to get you to pay. Many credit applications ask for your bank account information. If they don't actually ask for your account number, they'll at least want to know what banking institution you do business with.

Can a creditor garnish your bank account?

After that, a creditor must act on its own to enforce the judgment, such as by garnishing your bank account -- the court won't take care ...

Can debt collectors find personal bank accounts?

Debt collectors have an unsavory reputation, and sometimes for good reason. They've been known to stoop to extreme lows to get money out of debtors, but the fact is that most of them can't do anything unless and until they sue you in court and get a judgment first.

What happens if you get a judgment against someone?

If you obtain a judgment against someone, you're allowed to take post-judgment discovery, which means you can ask them where they have their bank accounts. If they don't respond, you can usually send requests to all the local banks and hope for a hit.

What is a judgment in court?

A judgment is a court's ruling on a lawsuit brought before it. It is a written document that establishes the rights and responsibilities of the parties about the matters raised in the case. Many cases brought in the United States involve money. Any time money is awarded in a court case, the judgment is called a money judgment.

How long does it take to answer a perjury question?

During the case, either party can send out written questions (called interrogatories) that the other party must answer under penalty of perjury within a certain amount of time, often 30 days.

What does a bounced check tell you?

If you happen to have a check from him, even one that bounced, you are in luck. The check will tell you the name of the bank and the debtor's account number. However, the debtor may have additional accounts where he actually keeps his money, so you probably want to turn to discovery.

Can a judgment creditor send an interrogatory?

As a judgment creditor, you can send interrogatories both to the debtor and to financial institutions or any third party who is believed to hold assets of the debtor. The procedures and requirements vary among states, so look up the law or talk to an attorney.

Can a judgment creditor collect money judgments?

All states allow a judgment creditor to take action to collect a money judgment, but the means and procedures authorized are different. That makes it essential to check your own state laws before jumping into collections.

Who must answer the interrogatories?

The debtor (or third party) must answer the interrogatories within the time required by law signed under oath. Financial institutions usually have to disclose only whether they hold funds of the judgment debtor on account and if so, how much is in the accounts.

How do rogue investigators get bank records?

How does a “rogue” investigator get bank records? The two most common ways that investigators obtain bank records or account information is through a source in the banking industry or through pretexting.

Is a bank sweep fake?

There are several instances investigators conducting a “banking sweep” only to later find that the information was fake. For example, in 2009, a Toronto private investigator charged his client $60,000 for a “banking sweep.”.

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