6 Ways Creditors May Discover Your Assets

  1. Do not rely on secrecy or concealment to prevent creditors from learning about your assets. You can be forced to testify under oath, and if you attempt to deny or conceal ownership you will be committing the crime of perjury.
  2. With the use of computers and modern investigation techniques, it is not difficult for creditors to locate assets, including those that have been kept overseas.
  3. You are only required to disclose your assets when a creditor (a) obtains a judgment against you, (b) when you are sued for punitive damages and the assets are relevant to the award, and (c) when you are involved in litigation involving the fraudulent conveyance and the assets are relevant to the discovery.
  4. Creditors that are entitled to discovery of the assets of a debtor have great discretion in their examination and procedures.
  5. Spouses can be forced to disclose their finances to a judgment creditor whether or not they are involved in the litigation.
  6. Insurance companies may be required to disclose information about your assets to judgment creditors.