Disclaimer: This article is for general informational purposes only. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Nebraska law, locating and identifying assets across multiple counties or states involves a combination of public records searches, formal discovery tools, and cooperation with out-of-state courts. Here are the main steps:
1. Conduct Public Records Searches
Start with county and state public records databases to find real estate, vehicles, and business interests.
- Real Estate: Search land records at the county register of deeds office or online (e.g., https://www.das.nebraska.gov).
- Vehicles: Use the Nebraska Department of Motor Vehicles’ records for lien and title information at https://dmv.nebraska.gov.
- Business Filings: Check the Nebraska Secretary of State’s Corporate Records at https://sos.nebraska.gov.
2. Use Nebraska Discovery Tools
If you have an active lawsuit, use Nebraska’s civil discovery rules to obtain precise asset information.
- Serve interrogatories and requests for production under Neb. Rev. Stat. § 25-1148 (Discovery; scope).
- Take depositions of parties or third parties with knowledge of assets.
3. Pursue Interstate Discovery
To reach assets outside Nebraska, invoke the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at Neb. Rev. Stat. §§ 25-32,163–25-32,169. The process allows you to:
- Obtain discovery subpoenas from a Nebraska court, then domesticate them in the foreign jurisdiction.
- Enforce the discovery request there to gather bank records, real property deeds, and more.
4. Engage a Private Investigator or Asset Search Firm
When records are incomplete or hidden behind privacy laws, private investigators can perform deep-public-record searches, social-media intelligence, and specialized database queries.
5. Consider Post-Judgment Remedies
Once you obtain a judgment, use post-judgment remedies to locate and seize assets:
- Bank garnishment under Neb. Rev. Stat. § 25-1576 (Garnishment procedures).
- Examination of judgment debtor under Neb. Rev. Stat. § 25-1535 (Debtor examination).
Helpful Hints
- Keep detailed notes of each search, including dates and sources.
- Verify all online information with official certified copies.
- Prioritize jurisdictions where the debtor spends most of their time.
- Watch for hidden assets in trusts or shell companies; these often require court-ordered discovery.
- Always comply with privacy and data-protection laws when handling personal information.