Asset Searches and Investigation of Fraud Against Creditors in Execution Action, Laundering or Concealment of Assets, Rights and Values is the Most Effective way to Definitively Resolve that Million Execution Lawsuit or Contract.
Searching for Debtor’s Assets Should not be Ignored When it Comes to Recovery of Financial Assets, Otherwise the Lawsuit will Drag on for Years.
“Asset Searches is for your collection what foundation is for a building”
Marcelo C. de Montalvão
If you are reading this article it´s because you haven´t investigated your client´s character before. So now your customer, supplier or business partner has failed to comply with his part of the business. Your lawyer warned you that you need to conduct assets research, but how to perform notary consultations? Are they the only source of asset information? What about Equifax, Experian etc., do they help?
If you are reading this article is because you did not investigate your customer, supplier or partner´s character before closing a deal. Only later on you found out that he had no intentions of doing his part and neither you conducted any research of the debtor’s assets before filing an execution. Now, your lawyer warned you that it is necessary to locate seizable assets.
Only by accurately tracing debtor’s current assets liable to seizure and we can help you increase your chances of successful judicial debt recovery in Brazil.
Many believe that simply by hiring a lawyer they will they get their money back. Not quite. Lawyers are the best professionals to be hired for asset recovery. But without asset searches, propably nothing will happen. Not in Brazil.
Asset Searches is a serious matter and should be carried out by professional specialized in equity research. It is essential to your success, especially when fraud or schemes to avoid debts is suspected. Assets stripping or shielding, business succession, fraud crimes to creditors, fraudulent trading and “money laundering” or concealment of goods, rights and values are some of the counterintelligence actions taken by the debtor not to pay ( screening).
These are concealment schemes often practiced with the help of attorneys, accountants or investment analysts and even notary directors to protect financial assets from regular debtors.
Locating and identifying debtor´s Assets will increase your chances of recovering credits!
What will you read in this article:
Why conduct Asset Searches in Brazil?
Property search, how much does it cost in Brazil?
Brazilian Public justice versus private investigator in Brazil, which one finds more assets?
A special offer: Asset Searches Manual
In less than 10 minutes Montax Intelligence will clarify the competitive advantage of searching for assets in Brazil, pricing services reasons why the State cannot solve your asset recovery case by itself.
How can Asset Searches benefit me?
Imagine you’re going to raise a building. You do not need to be an engineer to know that before you start you need to identify the type of terrain, whether clay or sandy or stony, its geographical position, whether vulnerable to flooding or collapsing and, especially, what the size of foundation to be built.The building must be compatible with both the type of land and the amount of floors and volume of real estate units the engineer intends to build.
With the administrative or judicial process of collection and recovery of assets the same thing occurs, except that the foundation of a collection action is the search for assets.
A previous investigation will ensure that your collection action and your asset recovery process will not be a building raised on the sand.The importance of asset searches in Brazil and the concrete advantages are detailed and described in Montax Intelligence Case Study.
Read Montax Intelligence Case Study to learn about the benefits of assets search, how to investigate for assets before, during or after debtor´s recovery actions.
Finding assets of a debtor, how much does it cost?
In financial and short notice terms, asset research is not cheap.
With asset searches conducted by experienced investigators, your chances of winning are increased, but costs can be very high.
Unlike law firms, Intelligence & Investigations services companies charge per hour and regardless of the outcome.
A reputable asset search company charges from US$ 80.00 to US$ 380.00 per hour, varying according to the brand (Pinkerton, Kroll, Montax etc.) and professional experience involved in each on going case (directors, partners, associates, trainees, etc.).
But for long-term economic, it is worth to conduct an asset search. It will end up being more expensive not to hire this kind of service. Notaries charge fortunes. And the lender doesn’t know where or in which registry office to begin looking. The professional of Intelligence will tell you where and in which notary to conduct the search of goods, and the name / CNPJ of the straw men eventually used by the debtor.
Sometimes it takes just 1h of investigation for the professional of Intelligence to discover the location of financial assets that you or your lawyer have failed in years.
Time is money.
And “we don’t know what we don’t know” (Unknown author).
Many cases are solved thanks to one information or a single detail that has gone unnoticed for years.
Highly skilled professionals that are research specialists of assets in Brazil are more likely to succeed than a lawyer or accountant who researches goods from time to time.
We clarify well this issue in the Intelligence in Credit Recovery article- How much Does It Cost (Price) and What is the Advantage To Conduct Asset Searches & Investigations in Brazil?
Discover the price and advantages of the Intelligence Activity applied to assets recovery.
Do you want to conduct Asset Searches in Brazil?
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Public Justice versus Private Investigator, who finds more assets in Brazil?
The Brazilian State has a tripartite system, the Executive, Legislative and Judiciary in a “perfect balance” … well, it is perfect for the brazilian state and its servers, especially for those from the 1st rank…
Everytime we are robbed, stolen, defrauded or when they simply don´t pay, we have to turn to the Judiciary and its notaries administered by the Brazilian Judicial system.
80% of lawyers rely on State and Judicial actions for the research of assets, but this procedure in Brazil is carried out in court by lifting tax, banking and vehicle secrecy through the national systems called INFO-Jud, BACEN-JUd and RENA-Jud (software). But the problem is that debtos know how to evade these systems to frustrate searches.
Survey of assets in Brazil does not back you up with any results, debtor simply has not submitted to any tax return and carries out financial transactions with a third party´s name/CPF and, leasing vehicles, meaning that he has access to everything but… nothing belongs to him.
This is basically due to lack of access to public information, especially from notary´s, which is a contradiction by judges, after all, they are the ones who administer the notary offices, primary sources of property information (Montalvão) where public deeds of purchase-and-sale of real estate and other financial assets are drawn up.
Brazil´s Federal (RFB) is only a secondary source of equity information. Secondary? How come? That’s right! Well not all assets acquired by public deeds drawn up in notary offices are declared to tax authorities.
It seems that Judiciary in Brazil, that has the constitutional duty to resolve conflicts and apply justice, makes it difficult to search for assets….
We reveal the social and political origins of this idiosyncrasy, this very peculiar characteristic of economic relations between the elites of Brazil and the Brazilian State in the anthological article Asset Searches in Brazil, Mission: Impossible! – Find out why the Judiciary has a significant amount of guilt in the “laundering” or concealment of assets, rights and values crimes. What should State change in notaries, primary sources of equity information, to reducecorruption, defaults and bank interests?
Searching for the debtor’s assets by an Intelligence professional reduces the risk of fraud in the judicial sphere.
The Judicial branch is the elite of the bureaucratic establishment (Faoro) that attends notaries, primary sources of equity information. Strangely, when searching for assets of the debtors, judges conduct research of assets only in the Federal Revenue Service of Brazil (RFB), a secondary source of equity information. Hence the search for goods in Brazil through agents of the Brazilian state in favour of a particular person, is: Mission Impossible.
A special offer: Asset Search Manual
Montax Intelligence is a company that supports the fight for the Right of Access to Public Information, speach from former US President Jimmy Carter. Montax supports the fight against the lack of information, lack of transparency and bureaucracy ($) from State, the main weapons of corruption and criminals.
Fraudsters and regular debtors make use of the difficulty of accessing patrimonial information in Brazil to commit more financial crimes.
Total transparency, with publicity and free access to information about all acts of the Public Power, the assets and income of public servants and online, ontime and fulltime access to all Registration Certificates for all properties and all public deeds drawn up in a notary’s office, by simple consultation by name or CPF/CNPJ or address, via the Internet, would reduce corruption in Brazil.
As long as Brazilian People do not have the right to access public information, free of charge, especially in notaries, they are left with the only alternative to consult intelligence professionals to conduct search of assets.
The Intelligence Manual – Asset Searches & Investigations is an excellent learning opportunity for you. Buy it here.
Do not rely solely on the search for the debtor’s assets in notaries. With the Intelligence Manual – Asset Searches & Investigations (in Portuguese), you yourself will be able to carry out your asset searches, of the debtor’s asset search. This rich material is unprecedented in history. It is part of the Montax Inteligência asset search briefing and reveals a little of what we are capable of doing.
Still have doubts about searching for debtor´s assets? Then read our Asset Search, Investigation and Asset Recovery – Questions and Answers – Customer Service (SAC) – Questionnaire – Contact Us.
Would you like to conduct Asset Searches in Brazil?
Fill out this form!
ABOUT THE AUTHOR
Marcelo C. de Montalvão is the director of Montax Inteligência, a franchise of Business Intelligence services such as Compliance, Investigation, Due Diligence and Asset Research that has assisted large law firms and legal departments of companies such as Cyrela, LG Eletronics, Find Rent A Car, Sara Lee, Kellog , CWA Consultores, Geowellex, Sonangol Oil & amp; Gas, Chinatex Grains and Oils, Generali Seguros, Estre Ambiental, Magneti Marelli, Banco Pan, BTG Pactual, Banco Alfa, W3 Engenharia and many other brands.
Criminal lawyer specialized in Economic Criminal Law and financial crimes such as fraud of execution, “laundering” or concealment of assets, rights and values and reverse engineering of asset shielding to solve millionaire fraud.
Author of the book “Inteligence & Industry – Corporate Espionage and Counter-Espionage” and of the “Intelligence Manual – Asset Search & Investigations” commented HERE.
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