- UCCs are an indispensable tool
in the background checker's tool kit.
UCC records are essentially financing
statements. Their purpose is to document to the public that a given asset
has been put up as collateral. That way, the owner can't use the same asset
repeatedly as collateral.
Banks, finance companies, and retailers,
among others, file UCC statements with the county or Secretary of State whenever
they loan money to someone who pledges an asset, like a boat or truck, as
collateral, as well as when they finance equipment, say a washer/dryer or
computer, thereby allowing the buyer to pay for it in installments.
You will find UCCs filed at both
the county and state levels. At the county level, they're in the county
clerk & recorder's office; at the state level, in the Secretary
of State's office. (Simply ask for any UCC records filed on your subject,
by his or her name.)
- Background investigators put UCCs
to at least two good uses: (1) finding bank accounts, and (2) finding people.
The UCC itself may contain only
limited background-type information -- but behind every UCC document (financing
statement) is a credit application and a loan.
The credit application usually
will contain useful information.
Thus when you find a UCC on someone,
your next step is to obtain a copy of the credit application, or at least
to obtain information from the application. This can usually be accomplished
by calling the creditor's "Skip Trace Department" or credit department.
Among other things, the credit
application will almost always reveal the subject's bank.
The UCC document can also help
you trace the subject's whereabouts, since it will provide an address, phone
number, and other identifying information, in addition to the information
obtainable through the underlying credit application. (Even if the information
on a UCC turns out to be obsolete by the time you find it, it can nevertheless
open up new routes of investigation.)
No background check is complete
without a check of county or state UCCs. Today, this can often be accomplished
online.
TAX LIENS
Tax liens can be found on consumer
credit and business credit reports, and in county records. All levels of government
-- federal, state, and local -- can issue tax liens, which are essentially
claims for unpaid taxes. If you find a tax lien, the document will include
court, lien number, date of lien, debtor name, plaintiff name, and amount
of lien.
Tax liens can be searched online,
using the proprietary database services, LEXIS and Dialog. These services
are available free at some large urban public libraries.
More information about...UNIFORM
COMMERCIAL CODE DOCUMENTS (UCCs)
In the skip tracing business, UCCs
are considered one of the best tools for locating people. Not only can they
be used to find someone directly but -- even when this fails -- they're helpful
as a pointer to someone who knows something about the subject.
In his book, Check It Out!
(Contemporary Books), well-known Houston private investigator Ed Pankau shows
how this can work.
A client of Pankau's, a large insurance
company, needed to locate a witness named Jim Snow in a fraud case. The trial
was only a month away. No one had been able to find Snow in almost a year.
As a last resort, they hired Pankau to do a skip trace.
After some initial frustration,
Pankau at last hit upon a UCC in county records filed by Beneficial Finance
Company, to document a loan it had made to the witness.
From the local Beneficial Finance
Company office manager, Pankau learned that Snow had paid off his loan and
moved to Richmond VA, where he'd taken out a second loan. (The office manager
derived this information from Snow's credit applications.)
Pankau then called the Richmond
office of Beneficial and obtained Snow's new address. In this way, thanks
to UCC records, Pankau was able to do in a couple days what other investigators
hadn't been able to accomplish in almost a year.