A law suit pending... I need to find the land that he owns, but how? (contingency, auctions)
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My husband and I recently filed a lawsuit. Who am I kidding? It's been a journey of 2 years, at least. Well, we finally filed the writ of execution in Vance County, NC., but the sheriff didn't find sufficient property to auction. The defendant's home/cars are not paid off so there isn't sufficient property available to auctions off and pay us.
Well, we know that he has inherited some land, but for all we know it could be in another state or another county in NC. How do I find out where it is? I dread having to check the tax records for every county. That would be impossible. Is there a national database of some sort?
Thank you in advance.
If he inherited it, then find out where his relatives lived, there are search engines out there that will find all people by last name in any area. That will at least narrow down your search. you can even try googling his name and obituary's and see if there are any hits. Then you know which county/state to start looking.
There are no national databases and tax returns are not public information. Some people hire an asset investigator before they file a lawsuit to determine if there are sufficient assets to make a court case worthwhile. Your attorney should be able to you, further.
If he inherited it, then find out where his relatives lived, there are search engines out there that will find all people by last name in any area. That will at least narrow down your search. you can even try googling his name and obituary's and see if there are any hits. Then you know which county/state to start looking.
Thank you so much. I used various people search engines and one geneology website and found the defendant's father and grandfather. The grandfather's home/land is an estate, I think. I even have the address and I'm certain of their relationship. Now, my question will be... how do a file a writ of execution against an estate.
I need to find out, somehow, whether there is an undeniable connection between the defendant and the grandfather. I just hope that the home/land is a free-and-clear inheritance of his.
Thank you so much. I used various people search engines and one geneology website and found the defendant's father and grandfather. The grandfather's home/land is an estate, I think. I even have the address and I'm certain of their relationship. Now, my question will be... how do a file a writ of execution against an estate.
I need to find out, somehow, whether there is an undeniable connection between the defendant and the grandfather. I just hope that the home/land is a free-and-clear inheritance of his.
Thank you very much.
Right and this is exactly what your attorney should be doing - worked for criminal and civil litigators for around 15 years B4 RE and as MaM pointed out, usually this is done before the suit is filed to determine if worth pursuing. Anyway, get your attorney on it to determine. Just curious, is he doing this on a contingency basis or hourly rate? Not really sure why the research wasn't done prior to the filing of a formal suit though JMO.
There are no national databases and tax returns are not public information. Some people hire an asset investigator before they file a lawsuit to determine if there are sufficient assets to make a court case worthwhile. Your attorney should be able to you, further.
I did some research about asset investigators. Hiring an asset investigator two years ago would've helped a lot. At this time we can't afford one. That advice was a great though.
Thank you so much.
Many towns/cities/counties now have their tax records online. What this means is that you can find out if there is a tax record for your debtor once you locate Grandpa's last residence. The tax card will also tell you the assessed value of the real property.
Now my next question is how to file the next writ of execution. I have found a property owned by the grandpa, but I'm wondering how much proof I need to show that the grandpa and grandson are connected. I'm wondering how to find a will, or perhaps I need to investigate NC law.
Thanks again.
Now my next question is how to file the next writ of execution. I have found a property owned by the grandpa, but I'm wondering how much proof I need to show that the grandpa and grandson are connected. I'm wondering how to find a will, or perhaps I need to investigate NC law.
Thanks again.
There are ways to search death and probate records but I believe you need to do so in person - or have it done in person. It is possible that this information is available online, but I haven't had the need.
Here are some issues: it takes time for a death to be probated - whether a will or intestate. When did Grandpa die? within a month or two? Grandson might not ACCEPT the inheritance if he believes you will snatch it the moment he does. Also, if the property is given to more than one heir, then that complicates it more for you.
First things first: you need to find out the status of the estate.
Now my next question is how to file the next writ of execution. I have found a property owned by the grandpa, but I'm wondering how much proof I need to show that the grandpa and grandson are connected. I'm wondering how to find a will, or perhaps I need to investigate NC law.
Thanks again.
OP, don't you have an attorney handling this for you? What do they have to say about it?
You're essentially asking for some legal advice here that could be very specific to your area.
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