Asset Investigation | Property Investigation (Case Example)

Having won a legal dispute against a delinquent debtor, obtained a legally valid debt instrument (= enforcement order), and still receiving no money as a creditor because the debtor declared to the bailiff, within the scope of a statement of assets, that they possess no attachable property and no cash? A major nuisance for any affected private individual and equally for companies, which, as they grow, increasingly encounter such situations. Not only does the creditor fail to receive payment for services rendered, goods delivered, or loans granted, but they are also left bearing the legal, court, and enforcement costs – see German Code of Civil Procedure (ZPO), Book 8: Enforcement. This can affect IT service providers just as much as private car sellers, tradespeople, construction companies, furniture suppliers, and many more.

However, a statement of assets does not always reflect the truth: debtors deliberately, regularly, and systematically conceal income and property – secondary employment, pensions, maintenance payments, company shares, real estate, motor vehicles, or, as in the following case example from our detective agency in Duisburg*, even valuable watercraft. Our well-connected and resourceful investigators will conduct asset investigations for you in debtor matters of any kind (including maintenance debts and insolvency proceedings): +49 211 9874 011-0.

A Concealed Boat

The client of our business detective agency in Duisburg, Mr. Bocholt, had fallen victim to the circumstances described above: he sold a high-value item to the debtor against a fifty percent down payment, delivered the item, never received the remaining payment, all reminders went unanswered, he won the lawsuit, and after enforcement still ended up empty-handed. However, through his own research within the debtor’s environment, Mr. Bocholt learned after the submission of the statement of assets that a boat, which the debtor had demonstrably owned, had not—as stated in the statement of assets—been transferred to another creditor to offset a separate loan claim, but had instead been stored at a company in Duisburg and remained in the debtor’s possession. Our qualified detectives in Duisburg were now tasked with determining the storage location of this attachable asset and securing proof of the actual ownership circumstances.

Intensive Investigative Work

The investigation conducted by our detective agency in Duisburg was broadly divided into two measures: first, preliminary research with various boat dealers and manufacturers as well as pawnshops, storage facilities, and general brokers in the region to locate the boat in question; and subsequently, clarification of ownership once the boat had been found. As one can imagine, such a search requires considerable effort, patience, and mental acuity; the phone runs hot, cover stories must be individually adapted to each contact, situational responses are necessary, as is the rapid analysis of the counterpart and corresponding adjustment of the approach within seconds. In addition, many checks could not be carried out by phone but had to take place on-site, including a number of false leads. Ultimately, however, our private detectives from Duisburg succeeded.

A Staged Sales Conversation Provides the Desired Information and Evidence

At the storage location of the sought-after boat, two of our investigators arranged a viewing appointment, posing as prospective buyers interested in the watercraft, which the dealer was brokering on commission. At the appointment, the detectives were received by an employee and led to the object. Unfortunately, the man provided only sparse information during the tour, apparently having not prepared well for the sales conversation. The boat was being sold on commission and had been stored there for nearly two years.

After less than fifteen minutes, he left our business detectives in Duisburg alone at the site so they could look around at their leisure and informed them that he would be available in his office afterward. In this way, the undercover private investigators were able to locate the boat’s identification number—it matched the registration of the watercraft that had allegedly been assigned to another creditor. Inside, there were various folders containing insurance documents, purchase contracts, proof of ownership, as well as the commissioning of the broker by Mr. Bocholt’s debtor—our detective agency in Duisburg thus had everything it needed. The investigators created photocopies of the documents and subsequently confirmed with the insurance provider that the boat was still registered under the debtor and had never been transferred to a third party. Based on the evidence obtained, Mr. Bocholt was able to initiate seizure of the boat and thereby recovered over 90 percent of his total claim (including legal, court, enforcement, and detective costs).

Fraudulent Misrepresentation as a Criminal Offense

Incidentally: As a creditor of a (supposedly) insolvent debtor, one often feels powerless, but in addition to civil law remedies, there are also criminal law options to address an injustice suffered. If a debtor can be proven to have been unable to fulfill contractual obligations at the time of entering into the contract or foreseeably at the time those obligations became due, they are deliberately deceiving their contractual partner—in other words, committing fraud. Consequently, in such cases, the creditor is not limited to civil proceedings but can also turn to the police, as fraud (§ 263 German Criminal Code) carries a penalty of up to five years’ imprisonment.

Tip: Among police officers and public prosecutors, there is a widespread and regrettable tendency to dismiss victims of crimes who simultaneously pursue civil law interests on the grounds of an alleged lack of public interest. Do not let this deter you; instead, object to any discontinuation of proceedings—if necessary, up to the highest instance. It will cost you little more than postage and some writing effort for the objection. Do not be brushed aside! Our business detective agency in Duisburg will be happy to advise you in pursuing your claim (+49 211 9874 011-0); however, we explicitly point out that this does not constitute legal advice.

*Notice*

Note: For reasons of discretion and data protection, the locations of operations and certain personal details have been modified without altering the substance of the actual events.

*Note: All operations of Aaden Detective Agency Düsseldorf are managed by our operations management in Düsseldorf. We maintain a network of qualified, vetted investigators who can be deployed on-site for you within a short time.