The good ole' days - the 90's - when finding someone's employer was easy. When we ran credit header reports, the employer was listed. Not any more. So over the years, PI's and Process Servers had to improvise, coming up with new ways to find an employer. It's not at all easy any more but can be done.
These are my successful actions in finding an employer of a target, defendant or a respondent. I have found the employer every time implementing these actions.
Every case is different, there is no set way to go about getting employer information. The basic and most important attribute you need is street smarts. A street smart person has a lot of common sense, knows every type of person, understands people and how to act around them. This person knows how to deal with different situations and has his own independent state of mind - able to switch pretext stories in a second.
I recommend two books that discuss a wide range of cases with bright ideas and websites to use in your profession. These books are:
Chuck Chambers, PI - The Private Investigators Handbook
Link: Chuck Chambers, PI
Valeri McGilvrey - The Most Useful Websites
Link: Valeri McGilvrey
Not to be mundane or talk "down" to you but we need to cover the simple and easy ways to locate an employer. Always do the simplest thing first. Check out all the social media websites, Facebook, Linked In, and the city/county/state business licensing bureaus, etc. The key here is, if a person does not list an employer on his Facebook page, he might list a profession. Then you can check the state licensing boards for that profession and see if he is licensed and who he is working for. That is one idea and has been very successful for me.
Do not underestimate Facebook. One time, I swear to you, I checked a person on Facebook, he did not list any profession BUT in checking his friends list, (he didn't have any privacy settings on his Facebook page), he and I had a friend in common. I contacted our mutual friend, made up a story and found out where the guy worked. My story to our mutual friend was that I was looking for a good insurance agent and thought "Joe" was in the insurance field. The mutual friend stated not insurance, he worked for the State of California. I checked the employee's roster for the State of CA, (this is public information), and there he was listed, he had recently gotten hired. Always check the friends list if you can, you never know.
Keeping it simple - here is another way to find the employer of someone, and I am sure you are aware of this: Follow them. If your client has the budget, use two investigators, two cars and two-way radios. This is a hit and miss as it could take just 2 hours or it could take some time waiting for the guy to leave his house. Most people work at 7 AM, 3 PM and 11 PM. Beat the odds by watching the house prior to these times and see if they leave. I do not sit all day but if by the second day there is no movement, no cars visible or no lights on at night, something is wrong, maybe the person is on vacation. I would then do a drive by at night and not resume a stakeout until you see lights. In the meantime I would also go to the post office and verify the person you want to follow is still living at the house and still receiving mail there. I learn this the hard way one time, I watched the house all day for two days then found out from the post office that the place was vacant and my guy moved.
When following targets to their work place, with two cars, has been successful for me.
You would think, with all the news about identity theft and protecting ones privacy, that people would be more secure with their documents but some still don't shred their personal data. I have found payroll stubs and employment info in people's garbage - to this day. Chuck Chambers, in his book, covers the art of Dumpster diving. What I can add is this: in certain California counties and maybe in other states, taking ones garbage, even if it is on the street for pick-up, is illegal. California has a lot of problems with the homeless people and recycling guys going through people's trash, so local laws were passed. Here are some different ways that I circumvent this kind of situation:
1. I actually call the city or county garbage agency that has jurisdiction over the address I want to get the garbage from. They will tell you what day of the week the garbage is picked up from that address. The agency doesn't ask you any questions, they think you just moved in or something. I tell them: "Where I used to live" we had trouble with homeless going through our garbage, and ask the agency if at this address, is it illegal to dumpster dive. If they say no, you don't need to do anything else, say goodbye and go get the garbage.
2. If the agency says it is illegal, you have to now switch gears, tell them a story. You already have the day of the pickup, so call the agency back the night before the pickup day. You want to get this conversation on the record as they tape all phone conversations. I tell them this: "I need permission to go through the garbage along this street as I think a wallet was lost in this area and I need to go through the garbage in case someone threw the wallet (or purse) out." The agency will say sure, go ahead and now you have permission. Get the name of the person you spoke to and give him/her your first name. If a neighbor happens to see you and inquires about what you are doing going though garbage cans, tell them the same story about the lost wallet and that you got permission from the city/county They will feel sorry for you and leave you alone. Everyone knows a woman who has left her purse or wallet on top of her car and driven off right? No? Well, that's my story....
At no time did I say "my wallet" or give any specifics, keep your statements general when speaking to these agencies. They have never asked for my name or phone number, so there you go.
3. Just knock on the door of the targets neighbor.
This is the worst option, (you have to be able to pull off an excellent pretext), but if you do not have access to one's garbage and you have exhausted all other resources and bright ideas, this is what you do - knock on the door of the targets neighbor. Just be upfront, even give them your business card.
FIRST, make sure your target is not home before you knock on the neighbors door. I usually do this at night time, then I can see if any lights are on at the targets house or a car in the driveway. If there are lights and a car, come back again during the day time to speak to the neighbor - as long as there is no car at the targets house, or speak to the neighbor at night when there are no lights on or car present.
Here is my pretext:
The next door neighbor answers the door -- have a little notebook/pen and your ID visible.
"Hi, sorry to bother you but my name is Christi Losh with LEGWORK (hand them your card) and we are looking for a missing witness for our trial. We understood she/he lived around this neighborhood." I let this statement hang in the air for a moment so I can size the person up.
They usually say "um....ok."
Then I say:
"Two years ago there was an accident down the street, on the corner of Elm & Oak (find a couple of real streets around this address). Use street names that have a busy intersection.This accident involved 2 minor children who were hurt by a hit & run driver and our witness saw the accident, saying the vehicle ran a red light. Our witness was behind the hit & run driver. We thought the case was going to settle a couple of years ago but it didn't so now we are looking for this witness, Joe Smith, we think is his name." Make up a name, not the targets name.
Talk at a medium pace and look relaxed.
Then I say:
"We thought Joe Smith, like I said, we could have the name wrong, lived next door and worked for Federal Express...is that true, does your neighbor or any neighbor work for Federal Express? The person says, No, the guy next door works for JB Manufacturing but his name is Steve Roberts. (the name of the guy you are actually looking for).
BOOM, there's your employer.
If you didn't get the employers name from that neighbor, try another neighbor.
Be prepared for anything as there can be variations to this - one time after a neighbor told me my target worked at COSTCO, she insisted on helping me further, so she called my target for me on his cell phone to find out if he knew a Joe Smith that used to live at his place. My target told her no, he didn't know Joe Smith. Kinda funny...get it?
I am interested to know the successful actions of others, where they have found employer information. Let's share some of those.
About Me
- Christi Vorse
- After being in the legal field for a few years, I am sharing my successes for other process servers along with funny stories.
Friday, December 19, 2014
Monday, March 31, 2014
THE ATM HEIST
This story is
about the first legal case I ever worked on. It was the very beginning of my
career, and while I planned on going to law school at night, little did I know
that this experience was going to change my life.
San Diego – 1982
Our law firm was
the attorney of record for a large pizza franchise corporation being sued by a
former corporate employee who supervised all the franchises. This pizza chain
encompassed over hundreds of pizza parlors all over southern California.
The pizza
corporation was susceptible to some attack over the years, and they scrambled
to resolve this susceptibility. Previously, they didn't have their hiring
policies fully intact like companies definitely do these days. They didn't regularly perform background checks, or verify social security numbers, or
verify previous employment, and there were errors in how they paid overtime.
To rectify these
errors, management went through every present employee file and cleaned it up,
making sure all pay and benefits were in order. If any past overtime was owed
to an employee, they paid it. Background checks were done as well as making
sure current employees had no ill-will feelings or problems with management.
There were at
least 450 former employees who needed
to be located, contacted and their time sheets gone over to correct any errors.
Management was advised to try and track down as many of these former employees
as possible, and resolve any issues that might expose them to future lawsuits –
smart decision.
Before this
project of locating past employees started, a nasty lawsuit landed on their
door.
Saturday, July 6, 2013
MY VEHICLE WAS HERE A MINUTE AGO...
It was a brutally cold winter in Forest Hill, CA @ 5 AM, sitting parked down a hill out of sight from other vehicles and trying to stay warm. What was I thinking? Freezing temperatures, my hands were numb. Forest Hill isn't exactly close to a warm Starbucks. While I am sitting waiting for a certain vehicle to come down the hill, I will catch you up on the story.
A few years back there used to be vehicle broker companies (a bright idea turned out not so bright) that would broker your extra vehicle. Let's say you have a vehicle you no longer need, you can't sell it for what you owe on it and you no longer want to make the payments. Well, call up Joe's Vehicle Broker Company and he'll hook you up with someone who needs a vehicle, then this person takes your vehicle and gets their own insurance on it. This person then sends you the payment every month. Contracts were signed and the brokers were suppose to get back the vehicle if the person did not make their payments. .
In my client's case, she was receiving the payments every month for almost a year, then all of a sudden in the spring of 2007, the payments started being late and eventually no payments. My client, Catherine, did speak to Debbie stating she would be late for October but would make a double payment in November.
Debbie also stated she'd lost her job so she and her twins had to move in with her parents. Debbie was warned that Catherine would have to take the vehicle back if some money was not received soon.
No payments came in November, December or January and Debbie's cell phone was now disconnected. We had no physical address for her.
So now it's time to just take the vehicle back but where is it?
Catherine thought she'd go see the vehicle brokers in Citrus Heights, CA, and get their help. She pulls up to the office and finds the brokers business closed up, office empty, no one around, just gone. The businesses around this area the had no information on where they went. Now she has no broker or protection.
Law Enforcement does not get involved in matters like this, the pink slip is still in Catherine's name so my client can take back the vehicle at any time. The vehicle isn't technically stolen by Debbie as the 911 supervisor says, so they aren't going to assist us.
Well, the coppers didn't get the message from the 911 operator, as you will later read.
The trick first of all was finding out where Debbie lived or actually where her father lived. Catherine had kept track of all the phone numbers Debbie had previously called her from. With this information, I located the father's home, and prior to me freezing my butt off, I had driven by the property and saw the vehicle I wanted in the driveway.
There were problems with this scenario even though I had a key to the vehicle. The property was off the main road about 1/4 mile, no neighbors and dogs, lots of dogs, and let's not forget the sign that says, "Trespassers will be shot". I 'd say my chances of survival by walking up the driveway to steal the vehicle was 100 to 0 in favor of dying so I liked plan B better.
Also, on this particular job I had to have the client with me as she is the registered owner so if I get stopped by the cops after taking the vehicle, she'll be there to verify ownership.
I decided I would wait until Debbie left early for work and follow her. Then when she arrives at work and goes inside, I will use my key and take the vehicle. I had no idea where she worked but I would soon find out. She wouldn't know her vehicle was missing until at least lunchtime.
To my surprise, @ 7:30 AM, when I saw Debbie come down the road and stop at a stop sign, she had two children in car seats. This is going complicate the situation a bit, but would deal with that as this played out.
Debbie makes a left at the stop sign and starts going down Folsom-Auburn Boulevard. This winding 2-lane road goes all the way to the town of Folsom. She could of gotten on the freeway, gone west, then east on Hwy 50 to Folsom but she decided to take the back way. We followed her for a few miles down the back road and all of a sudden she pulls over. Maybe she was dropping off the kids at the babysitter but as it turned out, she had to do something with the kids in the backseat. I was shocked that she had not realized I pulled over too. She never even noticed, which I guess is plausible since she had all her attention on something or someone in the back seat.
Debbie then keeps driving for several miles towards Folsom. There were several towns she could of worked in but she passed them all up and entered the town of Folsom. I followed her through neighborhoods and then to a business district, thinking maybe she has a day care center where she works - not the case, in the middle of the business district there is a day care center, a name that belongs to a huge chain of day care centers, and she pulls into it.
Now it's 8:45 AM, not only does she pull into a parking spot right near the front door, she gets out, collects the kids and their stuff, then walks into the center. She leaves the vehicle running with all of her keys in the ignition, leaves her purse, the car seats and everything else!
Since she left the vehicle running, she wasn't going to be very long so I had to jump out of my vehicle and start walking kind of fast towards the vehicle door keeping my eyes peeled on the day care front door in case she came out. I did not want a confrontation, no reason to
get into it with her, didn't want anyone calling the coppers, I just wanted the vehicle.
I made it to the driver side door, hopped in using the keys that were in the ignition, put it in reverse, backed out and drove off quickly. I had to hide the vehicle because like I said earlier, sometimes the cops shoot first and ask questions later, and even though I warned them over and over that I was taking the vehicle, I could not trust them not be trigger happy. From other stories I have written, you can see how cops can be jumpy.
I drove the vehicle to a location nearby where it couldn't be found for quite a while. My client followed me driving my vehicle. When we parked, we then cleaned out the entire vehicle (van). It was really a mess, children's stuff such as clothes, blankets, diapers, food wrappers, all in disarray. We packed all the valuable things in a bag throwing out all the garbage. We put Debbie's purse, car keys and her personal items in a separate bag. When I was packing her personal stuff in her purse, her work ID fell out, so I now knew where she worked. I put that back in her purse loading up everything else including the children's car seats and put it all in my vehicle. This took us about an hour or so.
We left the van parked in it's safe place and around 10:30 AM, headed back to the day care center to return all of Debbie's belongings. When we got close, I could hear sirens, not one police siren but several. With so many police vehicles and sirens I knew right away that Debbie not only called 911 to report "her vehicle" stolen but acted like a victim and mentioned her children, and that her car seats and purse had been stolen. All you have to do is mentioned the word children and a lot of law enforcement get involved.
When I got around the corner of the day care center, I saw all the police cars, two parked in front of the day care center and others driving around. I thought it best to sit at the Starbucks next door and call the 911 operators. There were even people who came out of Starbucks to see what the heck was going on. But I remained quiet and didn't engage in any conversations. One person asked me what was going on and I replied "I have no idea". After we were alone outside, we called 911.
My client explained to the operator that we had called in yesterday to the Sheriff's Department of two counties and police stations for two different towns in the Sacramento area. It was re-iterated what time we called them yesterday, also giving them the vehicle license plate number, who the registered owner is, and that we were taking the vehicle back today. After some minutes on hold, waiting, then suddenly we heard all the sirens go off and ta few minutes later he police left the day care center. I guess the 911 dispatch supervisor found our notes from yesterday and called off the posse. When the operator came back on the line she stated they have closed this matter and will do nothing further.
We waited a while to calm our nerves, actually got something to eat, then around 12 PM drove my vehicle next door to the day care center. We unloaded the car seats and Debbie's box of personal items, went inside, telling the day care staff we were dropping off her stuff.
I thought we were going to walk in and the staff would immediately call the police - again.
What happened next was hilarious!
One of the day care staff sees that we have the car seats and a box, then says, "OH, you must be her mother!"
I said, "No".
She said, "Oh, you are the friend she called. Debbie left with her father but thank you so much for bringing an extra set of car seats and stuff for the children!". (She didn't see the purse in the box).
I said, "Sure!" and left.
I guess they didn't figure whoever stole "her vehicle" would be brave enough to return the car seats - so to them, I must have been Debbie's mother. Too funny.
After driving back to the place where we hid my clients vehicle (van), she then drove it home back to Sacramento.
The next thing is even more hilarious!!!
When Catherine arrived home she found out that Debbie and her father had been there at the house - looking for her! Unbelievable, they want the van back!. That was the message left at the door and on the message machine there were several calls from Debbie.
I am sure the police told Debbie that Catherine legally took her vehicle back and they could not help her, so she was really pissed off.
Catherine spoke to Debbie on the phone trying to drive some sense into her, it's my car-you didn't pay-I took my car back etc. But before Debbie slammed the phone down, she said, "I'm going to sue you!"
At this point Catherine ignored her and her threat, forgetting about this chick. A few weeks go by and a process server shows up at Catherine's door.
Debbie is suing Catherine in small claims court! She wants "her vehicle" back!
Of all my years of doing this work, this has got to be the stupidest chick I have ever encountered. I bet she thinks a Judge is going to feel sorry for her. To her it's worth a try. She's desperate but at the same time - really???
Now, Debbie got herself in a worse situation because I am going to submit my bill to the court for $800 and get the Judge to make her pay it.
The court hearing was attended by my client, Catherine and myself. She had all her paperwork, registration, contract with Debbie and even my bill for repossessing the car. We scripted our version so that Catherine would explain the situation in a few words. She did and then it was Debbie's turn to speak to the Judge. Just as I thought, she went on and on about how she was a victim, how we took back "her vehicle" and all Catherine should of done was "call her". She stated she needed this vehicle to drive to work and daycare, that she can't get a vehicle loan due to her financial issues and still says she wants Catherine to give the vehicle back!
The Judge asked Catherine for information on her actual phone bills listing all the phone calls made to Debbie, with dates and times during the 6 or so months she was trying to get Debbie to return the vehicle. When the Judge queried Debbie on this, it was obvious to him that Debbie had plenty of time to take care of this matter and didn't.
Catherine won this case and weeks later I was shocked when I received a check for $800 from Debbie's parents. We never heard from Debbie again.
Moral of the story: When faced with any legal situation or one such as Debbie, look at the law or hire a lawyer or do your own research. Do not succumb to your emotions and let them run your actions - you will lose. Face it head-on and resolved it fast.
Friday, February 15, 2013
LEVERAGE
~ written with Trudy Harris ~
In October 2008, Trudy and I came upon a situation that required either an act of god (which wasn't going to happen with this guy) or death by being an idiot (which could happen).
A very wealthy man by the name of George Miller, living in Northern California, had previously lost a legal case where he was the defendant, and as a result, a Judgment was entered against him - for a whopping $225,000.
A Judgment can be a serious matter. What normally happens when there is a Judgment against you, someone wants to collect it. Someone wants their $250,000 right? Of course.
Let me side track for a minute - it amazes me how many people think that if they take someone to Small Claims court and get a Judgment against someone who owes them money, that the court is going to help them (you) get their money, or arrest the person, or collect the money for them (you). This is not true and let me save you a lot of time and money here. You should only take someone to Small Claims court if, and only if, they have a lot to lose, in other words you need LEVERAGE.
Have you ever experienced the hassle and annoyance working with Small Claims court? They opened Small Claims courthouses for people who are owed $5000 or less, to unburden the Superior Court, the main courthouse, with these smaller financial matters. The court is not your friend. The laws are in favor of the defendant. Please you keep your expectations very low and you won't get so frustrated. The $225,000 Judgment against the guy mentioned above was issued by the Superior Court as it's over $5000.
Still side tracking here...people such as yourself spend your hard earned money on Small Claims court fees and process servers, all the while thinking the court is going to have your back. Not true. The best you can hope for is that the person pays up before the hearing, and if he does, you lucked out. This is a rare occurrence.
If the defendant didn't pay you and he doesn't show up for the court hearing, and/or the papers were not served right (that's a whole other story, don't get me started), you have to start all over. If the defendant was served correctly and you get a Judgment, so what? You still have to collect the money yourself. All a Judgment means is that a court says someone owes you money - that's it.
I don't mean to be mean or sound real harsh about the Small Claims court itself, but I have seen so many people disappointment when they thought just because they have a Judgment, that they are going to get money. If the person who owes you money doesn't own a home or you can't find him or does not have a job or has gone out of business, you have no LEVERAGE. The courts do not assist you with finding anyone or help you collect any money.
If all you have is a hope and a prayer the guy's going to pay you, take the loss and move on.
If you can't move on, what you can do is file more paperwork with the court and the county recorder, pay more fees, and put a lien on his name with the County Recorder and the Secretary of State. This means if the person ever tries to buy or sell something of huge value, the Lien will come up and he'll have to pay you off (after the tax men get their money first though). I'm not talking about a person selling a car or small items. But things like a loan, buying a house, or buying cattle or a ranch, any kind of asset that requires due diligence and an escrow company.
A Lien could be a good idea, sometimes it gives you closure. It is just like these deadbeats to win the Lottery. Did you know when a person wins the Lottery all Liens and Judgments are checked under the winner's name and if he/she has any Liens or Judgments, these debts get paid first before the winner gets any money? Might be worth filing a Lien just in case.
There are millions of dollars in Judgments out there that people such as yourself can't collect, as the person who owes you the money had nothing to lose, he doesn't care if his credit is ruined or that you filed a Lien against him for not paying you.
So back to good ole' George...what happened here is that his house went into escrow and the person he owed the $250,000 to, failed to file a Lien. Now the client and her lawyers had to run to court to obtain an Injunction that will stop George from disbursing money and hiding it once escrow closed, which was any day. George somehow figured that he was free and clear on not paying this debt because the person he owed the money to didn't know he was selling the home - or so he thought until we showed up.
When Trudy and I showed up at his house to serve him the Injunction, all we got was a screen door with music playing through it. After knocking for several minutes and calling out his name explaining why we were there, he would not come to the door. A while later, his garage door flew up, he sped out of the driveway in his brand new Mercedes, drives over his lawn and his trash can, then freaks out when he almost ran Trudy over.
Serving an Injunction is serious business so we expected to have trouble. People do some crazy things when they have a lot to lose. He's going to make $300,000 on the house and we are going to take $250,000 of it - he's desperate. It's inevitable he's going to pay, he just wants to act a little nuts for a while.
So now we have to push the LEVERAGE button.
LEVERAGE is the "action" that you do which in return causes fear or discomfort for the person you are trying to control. You have to come up with a scenario that is going to cause this guy to cooperate. In this case, his house is in escrow so this means there is a buyer involved right? I bet the buyer is driving by from time to time until escrow closes in anticipation of moving in and dreaming of what upgrades etc. they could make. But what if they drive by and see copies of the court order pasted all over the property? What would the buyer think if they read a copy? This would alarm them, maybe feel like their escrow could be in danger of not closing. I think our guy would definitely not want this to happen, nor would he want the buyers to drive by and read this document.
So, we thought we'd give this guy one more crack at cooperating. We arrived at his house again the following day, Halloween actually, early in the morning with a bunch of copies of the Injunction and Court Order. We warned him nicely by yelling through his front door that we would be leaving several copies of the documents in his yard, patio and garden. He called our bluff and wouldn't answer the door, the louder we knocked, the louder he turned up his stereo. We told him we would return at 7 PM so we could personally serve him. We left a business card on his front door. We then plastered copies of these documents all over his front door, garage door, his bushes, his mailbox, his planters under his windows, just enough to make a statement. We'd were hoping he'd look out his window, see us doing this, and come out and settle the matter, but nope, he's still in denial.
So at 7 PM, it was Halloween night. Trudy happened to be dressed in an Elf costume (she was taking her grandkids trick or treating later). Upon arrival at his place we saw that all the papers were gone from his lawn and porch. Trudy-the-Elf caught George off guard, he thought she was a trick or treater, she handed him the papers. George showed a kind of resignation attitude but with a bit of anger about spewing the papers all over his property, but we knew he wasn't going to give us any more trouble.
Our client ended up getting the $250,000 owed to her.
Use LEVERAGE when serving papers, as long as it's legal. Trudy was pretty funny looking in her Elf costume, but you wouldn't believe the costumes and outfits Trudy has used to serve people, it's a real kick and there is no one else better at it.
In October 2008, Trudy and I came upon a situation that required either an act of god (which wasn't going to happen with this guy) or death by being an idiot (which could happen).
A very wealthy man by the name of George Miller, living in Northern California, had previously lost a legal case where he was the defendant, and as a result, a Judgment was entered against him - for a whopping $225,000.
A Judgment can be a serious matter. What normally happens when there is a Judgment against you, someone wants to collect it. Someone wants their $250,000 right? Of course.
Let me side track for a minute - it amazes me how many people think that if they take someone to Small Claims court and get a Judgment against someone who owes them money, that the court is going to help them (you) get their money, or arrest the person, or collect the money for them (you). This is not true and let me save you a lot of time and money here. You should only take someone to Small Claims court if, and only if, they have a lot to lose, in other words you need LEVERAGE.
Have you ever experienced the hassle and annoyance working with Small Claims court? They opened Small Claims courthouses for people who are owed $5000 or less, to unburden the Superior Court, the main courthouse, with these smaller financial matters. The court is not your friend. The laws are in favor of the defendant. Please you keep your expectations very low and you won't get so frustrated. The $225,000 Judgment against the guy mentioned above was issued by the Superior Court as it's over $5000.
Still side tracking here...people such as yourself spend your hard earned money on Small Claims court fees and process servers, all the while thinking the court is going to have your back. Not true. The best you can hope for is that the person pays up before the hearing, and if he does, you lucked out. This is a rare occurrence.
If the defendant didn't pay you and he doesn't show up for the court hearing, and/or the papers were not served right (that's a whole other story, don't get me started), you have to start all over. If the defendant was served correctly and you get a Judgment, so what? You still have to collect the money yourself. All a Judgment means is that a court says someone owes you money - that's it.
I don't mean to be mean or sound real harsh about the Small Claims court itself, but I have seen so many people disappointment when they thought just because they have a Judgment, that they are going to get money. If the person who owes you money doesn't own a home or you can't find him or does not have a job or has gone out of business, you have no LEVERAGE. The courts do not assist you with finding anyone or help you collect any money.
If all you have is a hope and a prayer the guy's going to pay you, take the loss and move on.
If you can't move on, what you can do is file more paperwork with the court and the county recorder, pay more fees, and put a lien on his name with the County Recorder and the Secretary of State. This means if the person ever tries to buy or sell something of huge value, the Lien will come up and he'll have to pay you off (after the tax men get their money first though). I'm not talking about a person selling a car or small items. But things like a loan, buying a house, or buying cattle or a ranch, any kind of asset that requires due diligence and an escrow company.
A Lien could be a good idea, sometimes it gives you closure. It is just like these deadbeats to win the Lottery. Did you know when a person wins the Lottery all Liens and Judgments are checked under the winner's name and if he/she has any Liens or Judgments, these debts get paid first before the winner gets any money? Might be worth filing a Lien just in case.
There are millions of dollars in Judgments out there that people such as yourself can't collect, as the person who owes you the money had nothing to lose, he doesn't care if his credit is ruined or that you filed a Lien against him for not paying you.
So back to good ole' George...what happened here is that his house went into escrow and the person he owed the $250,000 to, failed to file a Lien. Now the client and her lawyers had to run to court to obtain an Injunction that will stop George from disbursing money and hiding it once escrow closed, which was any day. George somehow figured that he was free and clear on not paying this debt because the person he owed the money to didn't know he was selling the home - or so he thought until we showed up.
When Trudy and I showed up at his house to serve him the Injunction, all we got was a screen door with music playing through it. After knocking for several minutes and calling out his name explaining why we were there, he would not come to the door. A while later, his garage door flew up, he sped out of the driveway in his brand new Mercedes, drives over his lawn and his trash can, then freaks out when he almost ran Trudy over.
Serving an Injunction is serious business so we expected to have trouble. People do some crazy things when they have a lot to lose. He's going to make $300,000 on the house and we are going to take $250,000 of it - he's desperate. It's inevitable he's going to pay, he just wants to act a little nuts for a while.
So now we have to push the LEVERAGE button.
LEVERAGE is the "action" that you do which in return causes fear or discomfort for the person you are trying to control. You have to come up with a scenario that is going to cause this guy to cooperate. In this case, his house is in escrow so this means there is a buyer involved right? I bet the buyer is driving by from time to time until escrow closes in anticipation of moving in and dreaming of what upgrades etc. they could make. But what if they drive by and see copies of the court order pasted all over the property? What would the buyer think if they read a copy? This would alarm them, maybe feel like their escrow could be in danger of not closing. I think our guy would definitely not want this to happen, nor would he want the buyers to drive by and read this document.
So, we thought we'd give this guy one more crack at cooperating. We arrived at his house again the following day, Halloween actually, early in the morning with a bunch of copies of the Injunction and Court Order. We warned him nicely by yelling through his front door that we would be leaving several copies of the documents in his yard, patio and garden. He called our bluff and wouldn't answer the door, the louder we knocked, the louder he turned up his stereo. We told him we would return at 7 PM so we could personally serve him. We left a business card on his front door. We then plastered copies of these documents all over his front door, garage door, his bushes, his mailbox, his planters under his windows, just enough to make a statement. We'd were hoping he'd look out his window, see us doing this, and come out and settle the matter, but nope, he's still in denial.
So at 7 PM, it was Halloween night. Trudy happened to be dressed in an Elf costume (she was taking her grandkids trick or treating later). Upon arrival at his place we saw that all the papers were gone from his lawn and porch. Trudy-the-Elf caught George off guard, he thought she was a trick or treater, she handed him the papers. George showed a kind of resignation attitude but with a bit of anger about spewing the papers all over his property, but we knew he wasn't going to give us any more trouble.
Our client ended up getting the $250,000 owed to her.
Use LEVERAGE when serving papers, as long as it's legal. Trudy was pretty funny looking in her Elf costume, but you wouldn't believe the costumes and outfits Trudy has used to serve people, it's a real kick and there is no one else better at it.
Friday, November 23, 2012
LET'S STEAL A BRAND NEW LANDROVER!
Yep, I did steal a brand new Land Rover. What a beautiful ride. The things I do for money. Do not attempt this unless you have a lot of experience with law enforcement.
It's not my fault people can't get along...I just go where the market takes me. It was Christmas week 2008. A guy calls me from...ah, well, I am changing the state here, so let's say he called from Utah and his name is Gary. His attorney told him to call as he knows an attorney I work for in Sacramento.
Gary travels for business and recently came home to Roseville and found his rental house empty, his stuff gone including his brand new Land Rover. He just talk to his wife, Cindy, earlier that week and he had no idea she'd been planning on splitting. Now, she won't return his calls and he has no idea where she went. Her relatives won't talk to him either. She just did a bunk.
Since Gary traveled for work and was usually gone for one to two weeks, he figured she had plenty of time on her hands to plan this move. He had been suspecting she was having an affair for quite some time and this solidified it for him. Really dude?
Which reminds me people: If you think someone is having an affair, they are, they always are. No need to hire a PI, save your money and hire a divorce attorney.
Gary then returned to the house he actually owned in Utah and hired an attorney. He still could not reach his wife, he wanted to get his Land Rover back. He made several calls to the Roseville City Police, Placer County Sheriff's, the California Highway Patrol and called tons of Repossession Companies - Repo Guys.
Get this: the Repo Guys would not help him locate his Land Rover because they don't work for individuals - they only work for bank and financial companies.
Get this #2: The Placer City Police told him since the Land Rover was taken from his street that's in the County, he had to call the Sheriff's for help.
Get this #3: The Placer County Sheriff's would not help him, they do not get involved in domestic or family squabbles unless guns or beatings are involved. When he told the Sheriff's that the Land Rover was in his name only - they still said NO. Same for the CHP.
Gary found out from his attorney that I am somewhat of a Maverick. He asked if I'd be willing to take this on. I thought for a moment, then decided sure, let's test my skill and hell, I've never been arrested or incarcerated, well actually I have, that's for another story...stay tuned.
Gary was willing to pay me any amount to get his vehicle back and I needed Christmas money so it seemed a win-win. The first thing I had to do was find Cindy's whereabouts and find the Land Rover...how I found her is a trade secret - the silly chick made a simple mistake.
Here's where it gets tricky. What will the police or sheriff's do to me when Cindy reports the Land Rover stolen? Shoot me and ask questions later? Chase me down in the vehicle throwing nails on the freeway, then arrest me and take me to jail? I picture myself driving the Land Rover down Freeway 80, then all of a sudden looking up at the Amber Alert flashing sign - there I am...seeing the Land Rover's license plate and description, (they really don't use Amber Alert for this) but all of these senarios seemed a bit nerve racking as I had no idea what the police would do.
I had an extra car key, as well as a copy of the pink slip and insurance card from Gary, but still, once Cindy sees the vehicle driving off, or her new boyfriend sees me, they are gonna call and report it stolen. Cindy might be too dumb to realize maybe Gary came and got it. We'll see.
Then the simplest thing came to me, why don't I just call the police/sheriff's telling them I am going to take the Land Rover? It is not in Cindy's name anyway, how could this be illegal? I'll just give the 911 operators my name, my CDL number, what address I am taking the vehicle from, it's license plate number, the date and time I am going to take the Land Rover and the address I am taking the vehicle to for safe keeping. This way, when Cindy calls 911, the operators will have all the information on file, and they will tell her, "Sorry, the vehicle is not in your name and we don't get involved in domestic disputes".
The vehicle was located at a residence in Placer County and is under the Placer County Sheriff's jurisdiction. BUT first I visited all of agencies giving them copies of the registration, my CDL and business card. I went to the police, the Sheriff's and the CHP because I could not trust these agencies to be on the same page, thus stepping on each other's jurisdiction and I'd have three agencies on my ass.
Christmas Eve, in Roseville, while driving down the street, I spot the Land Rover from before when I did a drive by. It was just sitting there in front of the house, so I drive by the Land Rover two or three times getting a feel for my exit strategy after I steal the vehicle. In the front bay window of this house there she is, Cindy's on the treadmill and she will probably see me drive away...oh well.
My associate drops me off at the end of the street, I have the key in my hand and I start walking towards the Land Rover, just "meandering" down the street watching for neighbors or any activity that might distract me. As I am walking by the Land Rover on the drivers side, I notice out of the corner of my eye that Cindy is still running on the treadmill, looking down like she is reading something.
I stand still by the drivers door for a few seconds, to gain composure and make sure everything around me is quiet, no other vehicle noise, especially no one driving down the street like maybe Mr. Boyfriend.
I put the key in the door, open it just enough to get it, I am freaking out, this is a brand new vehicle, so many damn knobs, lights, gadgets and the seat was way back, how do I adjust this damn thing? I decided to screw it, just sit up, start the thing and drive, so off I go.
My associate is following me as I have to drive 5 miles on main roads through Roseville to the Sheriff' s substation. I have tons of traffic lights, most of them red of course, never fails huh?
I just concentrate on driving, not thinking about the possibility of copper's blaring their red lights or sirens. I swear two Sheriff's vehicles passed me going the other way on a side road and I almost needed an oxygen tank. I got my heart rate back to normal by taking slow deep breathes, then 10 minutes later pulled into the Sheriff's substation and parked. I got out of the vehicle, then walked next door to a Starbucks in the same shopping center, bought a mocha, sat outside and kept watch on the Land Rover.
After thirty or forty minutes, I then decided to find out if the Land Rover was reported stolen, so I walked back to the Sheriff's substation. Usually at these substations I find older people, in their 70's, who volunteer their time, taking police reports etc.
I told them my name, pointed towards the Land Rover that is sitting outside, right in front of their station window, and told them this is the vehicle I just stole. You should have seen their faces, I thought one of them was going to stroke out. They all get up from their desks and came to the counter to talk to me. I told them I had visited all the agencies earlier in the week giving them a heads-up, that on this date and time I was going to bring this vehicle here. I explained the whole scenario about the police not helping my client, and that he has every right to take his Land Rover back.
A couple of Sheriff volunteer's said they had to make phone calls to find out if the vehicle was reported stolen. I gave them my cell number, telling them I am right next door waiting at Starbucks. I also made it clear that I will wait 30 minutes, then take the vehicle home.
I had to find out if Cindy reported it stolen because I still had twenty miles of freeway to drive home, and I didn't want anyone chasing me down.
A few minutes later, one of the volunteer's found me saying one of the 911 operators wants to speak to me. I go back in the substation and speak with the woman on the phone. She stated Cindy did report the vehicle stolen, and two Sheriff's were dispatched, and what in the hell was I doing?????
I explained all over again about calling and visiting the Roseville police, the Sheriff's and CHP a week earlier giving all agencies a copy of the registration and a copy of my CDL, letting them know that my client is the only registered owner of the vehicle. She then put me on hold for god-knows-how-long, and when she returned she stated the Commander found the documents I dropped off and he called Cindy. The Commander told Cindy she is on her own, that this is a domestic (family) issue, that she is not the registered owner so therefore, Gary can take his vehicle back, and she had no rights except via the court system. Then the 911 operator told me she called off the Sheriff's dispatch.
I drove the Land Rover back to my place, kept it for a few days until the client returned from Utah to drive it back. And, I got to buy a lot of cool Christmas presents.
Moral of the Story:
Don't take things that don't belong to you.
Oh... and another Moral:
If you think your significant other is cheating, he or she is - don't go into denial, unless you're on PROSAC, then who knows what you're thinking.
Monday, October 1, 2012
A QUICK NOTE ON CELEBRITIES
I have served my share of celebrity’s over the years, and it’s true, celebrity's do try to live normal lives and do have their own crap to deal with, so I make it a policy never to discuss details of serving them or even who I’ve served.
No need for bragging to your friends or other associates as I respect a celebrity’s privacy.
The easiest way to contact and serve a celebrity is by giving them a heads up via their agent or publicist. You can find this information on the Screen Actors Guild website.
I find that just simply being upfront with them about the lawsuit (as they usually know they might be served anyway), the agent and/or publicist always cooperate. They sometimes allow me to personally meet and serve their client, or refer me to their Attorneys. It might take a few days as the agent has to make phone calls, probably contacting their Attorneys, or coordinating with other agents, or they are talking to the celebrity themselves, but they always follow through.
One time, I learned a very valuable lesson about dealing with people in this job, that to this day, I have never forgot. I still think about this lesson from time to time when the same type of situation comes up.
What I can tell you is this:
A few years ago, I received a phone call and the phone number was "restricted". When I answered the phone I instantly recognized the voice, it sounded familiar but I couldn't place it AND this person gave me a name that was common like Susie Smith or something, so I kind of got confused between the name and the voice. Oh well, I thought, not important - at the time. I did not ask this person how they were referred to me, but found out sometime later.
This person wanted me to deliver a simple but important message to an aviation pilot who was not contactable through regular channels. I received a Federal Express package the next day and was told not to open it, just deliver it and ask no questions.
I thought to myself, "Jeez, what's with all the secrecy and stuff going on here, they could just hire some messenger company to deliver this. I got better things to do, but oh well, it's their dime".
My assignment was to drive to a particular airport, be there at 3 AM on the flight deck, meet a "security guy" (who was expecting me), then this "security guy" was going to take me through more security, then I get to see the aviation pilot.
I figured it was all on the up and up since it was an airport, with Home Land Security and lots of Sheriff's so off I went. I arrived at the flight area, the security guy, a real one, was waiting for me and off to the side I saw two men with black suits, white ties, ear plugs on and wearing dark sunglasses. I started to get a bit nervous - then the "suit men" took me out to one of the hangers, and when I saw the pilot, in a flight suit, walking up to me, it all came to me - the voice, the secrecy with the original phone call - he looked just like this celebrity I know. Then one of the security guys said to him, "Your Mom's package is here".
The pilot opened the envelope and reads the letter and when he is done, he looks at me and says, "Thank you, you have no idea how much this means to me". Then the "suits" took the pilot and walked to another part of the hangar. The security guy then escorted me back out to the public area and I left the airport.
The lesson learned is that regardless of any phone call or job you get, don't assume anything. Treat every person as though the job they hire you for, no matter what, is important to them, and that some simple tasks can have a huge impact on someone's life - as in this case.
I never did know what the letter said or why it had to be hand delivered. It will always be a mystery to me. BUT the next day I got a phone call from the celebrity and her agent thanking me and that it also meant a lot to them.
I also realized that this celebrity hired my profession (me) for this simple task because it guaranteed the utmost discretion.
Lesson learned.
Thursday, September 27, 2012
STUPID REALLY IS AS STUPID DOES
Legwork received an assignment in March 2008, to effect
service of a Deposition Subpoena on Ricky Hutchinson, last known to live with
his parents in Northern California. The deposition was set to take place in a
month, at the office of a court reporting agency in Sacramento.
The reason we want to take Hutchinson’s deposition is that
on his very first day of employment with a car dealership (also fired the first
day after this incident), he allowed a young female, a minor, to test drive a
brand new 2009 vehicle, and during this test drive this minor female caused a
collision by broad-siding another vehicle, a woman in a brand new BMW. No
injuries by any parties, just vehicle damage.
The BMW woman hires an attorney and sues the female minor
and the car dealership. I am working for the defense. This minor is covered
under her mother’s vehicle insurance policy.
In taking Hutchinson’s deposition, it can be determined
exactly what happened, ascertain our real liability for settlement issues, and
to determine liability on the part of Hutchinson or the dealership.
Sounds simple enough, this is what insurance is for,
accidents do happen and this is not a catastrophic situation, just a simple
legal routine, get the facts, write a check and settle this thing.
As far as the dealership – their lawyers deny any liability
stating it’s not their fault “stupid employees allow minors to test drive new
vehicles”. The lawyers pretty much say this using legalese in their pleadings.
Ricky Hutchinson states he was never told this specific policy by any
management at the dealership.
I originally figured that serving this subpoena on
Hutchinson was going to be a slam dunk because he was not an actual defendant
(only the dealership was named in the lawsuit) and he was going to be a
nice-honest-young-responsible adult who will want to assist everyone in
settling this matter.
So I thought.
So I thought.
Ricky Hutchinson, 21 years old, appears to be living in a
high-end neighborhood of Sacramento, living with his parents.
I visit the parent’s residence and no one was home, there was a scooped up nice
sports car out front, but that’s all. I leave this residence for now and go
be-bopping into the dealership where Ricky used to work. I have no intention of
talking to any management personnel as they are being sued, and they wouldn’t
talk to me anyway. The idea here is to find some young salesman or mechanic,
who WILL talk, and just ask them if they know where Hutchinson is working now.
I walked around the dealership, without any legal papers in my hand as I am just there to get some information. Outside walking around the car lot I find one of the salesman named Rob, and in speaking to him, I find out he is Ricky’s brother-in-law.
Rob stated Ricky is not working now, is going to college,
recently got married, and he is now living down the street from his parents,
but he had no idea what his address was. Rob was willing to give me Ricky’s cell
phone number, and after jotting this down, I left quickly before the dealership
management got wind of what I was doing there.
But it is his problem.
I didn’t have his new apartment address, so for a week after
this cell phone conversation, I made attempts at the parent’s house and there
never was a response, even with vehicles in the driveway. I figured Ricky told
his parents I was after him so they decided to support their arrogant son and
refuse to answer the door. I just kept going back to send a message to his
parents - I wasn’t giving up.
I needed to verify if Ricky and his new wife actually lived
with his parents or live in their own place. By submitting an address request
from the post office, we learned the post office had no new address. As his
brother-in-law stated, Ricky lived down the street from his parents, but you
never know who’s lying so checking out every detail is crucial and lessens your
chances of getting jacked around. Confidential databases were consulted showing
that Ricky listed no new address as yet, only his parent’s address. Ricky’s
cell phone number was also traced showing this to be under his father’s name
and address, so no luck there.
Since we were getting no response from the only address we
had, we had to search other ways to find him. Social sites were searched such
as Facebook, My Life, Classmates and My Space. I was glad to find a little
information; Ricky and his wife were found on My Space. They were married on
January 19, 2008; both attend college and are members of some school
associations. The site said they recently visited Europe after they married,
and as an added bonus, there was a picture of both of them so at least now we
had physical descriptions for them. Some actions were taken in locating Ricky
and his wife on campus but this did not work so another plan was needed.
I continued to leave nice phone messages for Ricky on his
cell just so he knew this is not over. I told him he needed to be a standup guy
and call me. This resulted in no return calls, which I expected.
Sub-Rosa and stakeouts were now necessary. I tried the nice
and simple way but it was time to up the ante. First, I staked out his parent’s
house on a nice early morning, sitting in my vehicle from 7:00 AM to 11:30 AM,
watching and getting an idea of who comes and goes when at 8:30 AM, I observed
the mother leave for work in her BMW SUV. Then a while later, I observed a
female, not Ricky’s wife, but maybe a sister, leave the house with school books
and drive off in her vehicle. At no time did we see Ricky or his wife.
During this time I observed neighbors watching me, so I told
them what I was doing, just being upfront as this avoids them calling the
police reporting “suspicious behavior”. As it turns out, these neighbors had
run-ins with the Hutchinson family over the years, and did not care for them.
They also had not seen Ricky in a while. I concluded at this point that Ricky
definitely did not live with his parents.
Now it was time to put our second plan into action, and
there is no one better at Sub-Rosa than Trudy Harris, an associate of mine. We
needed to find out where Ricky lived, and since the parents would recognize me,
(previously seeing me when they peeked out the windows when I knocked on their
door), Trudy was the perfect person for this Sub-Rosa role.
One evening watching the house and making sure the
Hutchinson family was home, Trudy knocked on their residence door @ 8:30 PM,
with belated “wedding flowers”. To our luck, Ricky’s sister answered the door
ONLY seeing the flowers through a peephole.
Just so you know, I am not an advocate of “delivering flowers” every time in situations such as this, nor am I in favor of delivering pizza or packages either. In these times, people are very suspicious, and if they even have a hint that process server is after them, this kind of action will not work.
It did work in this case because it was 100% believable Ricky would receive belated wedding flowers. If you know you’ll get a 100% result, by all means use this ploy.
The sister actually invited Trudy into the house! After
explaining we have flowers for Ricky and his wife, and “no, we don’t know who
sent them, we don’t read the cards, we just deliver them” speech, the
sister calls Ricky on his cell, stating someone was here at the house to give
him some flowers. Ricky told his sister to give us his address, which she did.
Yeah!
Ricky and his wife live one block from his parent’s in an
apartment complex. After punching in the gate code (this is a trade secret, I
have all the gate codes), we arrived at the apartment of Ricky and his wife,
and when he answers the door, he is very pleasant. When he was informed that he
was also served with the subpoena (which was in the card attached to the
flowers), he immediately was stunned and just stood there, yelling while Trudy
walked away.
He should of chosen the simple way.
He should of chosen the simple way.
Ricky Hutchinson did show up for his deposition but he was
fired-up. He told the lawyers during the deposition that , 1) I was a liar, 2) I
never left him any messages, 3) That he would have cooperated if I gave him the
chance and 4) He kept stating this accident wasn’t his fault and he still
doesn’t want to be involved. Ricky was making a last ditch effort to be right
and if lying does that for him, fine, at least we prevailed in finding him and
getting his statement on the record - which was the point. If you give someone
a choice as to whether they want to be served the easy way or the hard way, and
they choose the hard way, this is the result, which is what you were hired to
do.
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