Finding a Debtor Without Cutting Corners
A New Hampshire judgment creditor hires you to locate a debtor who moved to Maine. The judgment is $18,400. You have the debtor's full name, date of birth, last four Social Security digits, a former address in Biddeford, and a cell number. The client wants the debtor's current address, employer, bank account, and vehicle so it can collect. The client suggests three shortcuts: (1) call the local utility pretending to be the debtor to confirm the service address; (2) ask a friend who works at the Maine Bureau of Motor Vehicles to run the plate and license; and (3) send a fake Facebook friend request to the debtor's new partner to see photos. You also have access to a commercial skip-trace database. The debtor has not been served in Maine, and no court order authorizes discovery. The client will pay a $1,500 flat fee plus expenses.
1. Evaluate the three shortcuts under privacy, records-access, and ethics rules.
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Utility pretext call. Impersonating the debtor to obtain account information is deception. If it reaches financial or phone records, it may violate the Gramm-Leach-Bliley Act, 15 U.S.C. § 6821, or the telephone-records statute, 18 U.S.C. § 1039. Even where no specific statute fits, it is unethical and can expose you and the client to fraud and civil claims. Do not do it.
BMV friend. Driver and vehicle records are protected by the Driver's Privacy Protection Act, 18 U.S.C. § 2721. A licensed investigator may obtain permitted information for a permissible use, but only through proper certification and channels. Asking a friend to run records informally is unauthorized access and exposes the friend and you to liability. Do not use the friend.
Fake Facebook request. Creating a false identity to access a partner's private account is deception and may violate platform terms and privacy law. It can also destroy your credibility if the case is litigated. Do not do it. Public posts visible without deception may be reviewed.
2. What lawful skip-tracing plan would you use?
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Start with public and commercial sources. Search Maine court records, the registry of deeds, property-tax records, Secretary of State business filings, UCC filings, liens, and public social media. Use the commercial skip-trace database only for a permissible purpose and document the purpose. Verify every hit with a second source; skip-trace databases often mix people with similar names.
Address and employer: check utility records only through lawful means, such as a permitted database or public records; do not pretext. Check professional licenses, business registrations, and public employment listings. Interview neighbors or coworkers without misrepresenting who you are.
Bank account and vehicle: after judgment, counsel can use post-judgment discovery and garnishment in Maine. Do not obtain bank information by impersonation. Vehicle information should come through a DPPA-compliant request or public observation, not a friend at the BMV. Serve the debtor lawfully before collection steps.
3. What should the report and client communication contain?
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Report content: identify the sources used, dates of searches, and what each source showed. Separate verified facts from unverified database hits. If you locate an address, state how you verified it, such as a utility connection through lawful means, a deed, or physical observation. Do not include a bank account unless you obtained it lawfully.
Client communication: explain in writing why you will not use pretext calls, the BMV friend, or a fake Facebook account. State the lawful alternatives and the need for post-judgment discovery or garnishment. Set expectations that a $1,500 flat fee may not cover full collection work.
Records: keep search logs, database printouts, court records, and correspondence. If the debtor later challenges your methods, the file should show that you stayed within permissible records access and did not deceive third parties.