Finding Debtor and Debtor’s Assets
§ 3.1Why Finding Debtor Is Necessary
Finding the debtor is necessary because an amicable settlement of the claim is impossible otherwise. Although a judgment may be obtained against a missing defendant through service by publication (see section 16.16 in this manual), the process is expensive and involves extra costs of service and the appointment of an attorney ad litem. The judgment is subject to several forms of collateral attack (see section 16.16:3), and it is almost certainly uncollectible unless and until the debtor is found.
If the debtor cannot be found, it is better to advise the client of that fact and recommend closing the file. See section 17.63:2 regarding tolling of limitations when a defendant is absent from Texas.
One of the easiest and most effective strategies for locating a debtor is if the creditor-client obtains relevant location and identification information at the outset of the business relationship, for example, in a credit application or identification request. Such an application or request should ask the debtor to specifically provide the following information:
1.full name (d/b/a, a/k/a, or trade name, if any);
2.address (include e-mail address if available);
3.business status (corporation, LLC, sole proprietorship, or partnership, including state of registration);
4.business principals (owner, officers, directors, members, partners);
5.phone and fax numbers;
6.bank account and other relevant financial information;
7.description of any litigation or claims;
8.website information;
9.Social Security number or Employer Tax ID Number; and
10.references.
§ 3.2Importance of Ascertaining Debtor’s Form of Business
There are three primary reasons for ascertaining the form a business debtor takes. First, different entities are served with process in different ways. See sections 16.10 through 16.13 in this manual regarding service of process on different entities. Second, the nature of liability of the owners of the business varies with the type of entity. See sections 6.1 through 6.13 for a discussion of individual liability for debts of business entities. Third, the form of the debtor’s business determines its location for UCC perfection and search purposes. See section 3.22 below.
The Open Records Division of the Texas Comptroller of Public Accounts maintains records on taxable entities franchise tax and sales tax. Its search service is free. The comptroller’s phone number is 800-252-1386, which directs the caller to the website www.comptroller
.texas.gov to obtain the location and identification information discussed herein. The information may also be requested by fax at 512-475-1610 or by e-mail at open.records@cpa
.texas.gov. And information may be obtained by using the comptroller’s taxable entity search found at https://mycpa.cpa.state.tx.us/coa/Index.html. The information available from any of the listed searches includes the nature of the business—sole proprietorship, partnership, or corporation—as well as the names of corporate agents and officers, owners of sole proprietorships and partnerships, and corporate assumed names. The search will also tell whether the entity is in good standing. An entity is not in good standing when it forfeits its right to do business in Texas as a result of (1) failing to file the report required by chapter 171 of the Texas Tax Code, (2) failing to pay franchise taxes within forty-five days after a notice of forfeiture is mailed, or (3) refusing to permit the Texas comptroller to examine the filing entity’s records pursuant to section 171.211 of the Texas Tax Code.
§ 3.2:2Business Organization Records of Secretary of State
If provided with the business organization’s name or a close approximation thereof, the secretary of state can provide such information as the business organization’s registered agent and the names of its incorporators or whether the business is even a corporation chartered or authorized to do business in Texas. This information may be obtained at no charge by calling 512-475-2755 or by sending an e-mail to
corpinfo@sos.state.tx.us. It also may be obtained by mail for a small charge per corporation name search or by searching the SOSDirect website at www.sos.state.tx.us/corp/sosda/index.shtml.
Searching the assumed name records is discussed at section 3.6 below. An assumed name record search will disclose not only the name but also the form of the debtor’s business.
§ 3.3Limitations on Debt Collectors’ Activities in Finding People
The activities of debt collectors in trying to find consumer debtors are governed by the federal Fair Debt Collection Practices Act and the Texas Debt Collection Practices Act, which are discussed at length at sections 2.11 through 2.36 in this manual. The following sections apply particularly to debt collectors (as defined in the two acts) locating the debtor: 2.14 (“Mini-Miranda” notice), 2.15:9 (communication with third parties), 2.16 (misrepresentations), 2.32:2 (Texas law requiring debt collector identification), and 2.33 (Texas law concerning prohibited debt collection practices).
There are no statutory limitations concerning activities to locate nonconsumer debtors. The practitioner should be mindful of the common-law tort of unfair collections practices, which might create a counterclaim against the creditor or the creditor’s attorney. See also EMC Mortgage Corp. v. Jones, 252 S.W.3d 857, 868 (Tex. App.—Dallas 2008, no pet.); see also McDonald v. Bennett, 674 F.2d 1080, 1089 n.8 (5th Cir. 1982) (noting that the tort of unreasonable collection efforts is intended to deter “outrageous collection techniques”).
The simplest way to determine whether a debtor has moved from the last known address and discover the debtor’s new location is to add the notation “Address Correction Requested—Do Not Forward” to the front of the envelope addressed to the last known address. If the post office has a forwarding address for the debtor, it will provide that address without charge when it returns the letter. Alternatively, the post office will deliver the letter to the debtor if it bears the notation “Forwarding and Address Correction Requested” and will return a card with a photocopy of the forwarded envelope showing the debtor’s address along with a postage-due charge.
§ 3.4:2Obtaining Debtor Information through Post Office
The creditor’s attorney may request change of address or boxholder information from the U.S. Postal Service under the Freedom of Information Act, 5 U.S.C. § 552, for service of process. See also 39 C.F.R. § 265.3. A request must be submitted to the appropriate FOIA Requester Service Center (“RSC”). 39 C.F.R. § 265.3(a). For assistance in determining the appropriate FOIA RSC, requesters should review http://about.usps.com/who/legal/foia/make-request-by-mail.htm. Also listed on the website is a public liaison for each service center in the event additional assistance is needed.
A FOIA request can be used either to find a forwarding address for a defendant who has filed a change of address form or to obtain a name and street address for a business boxholder. 39 C.F.R. § 265.14(d)(4), (d)(5). This information will be provided only to an attorney, process server, or pro se party to aid that person in serving a defendant with process. The request can be made if the debtor is the subject of actual or prospective litigation. See 39 C.F.R. § 265.14(d)(5). Unless suit is actually planned against the debtor, however, the attorney should not consider the “prospective litigation” option to be a loophole to obtain information not otherwise available. See 15 U.S.C. § 1692.
The FOIA request must include—
1.a certification that the name or address is needed and will be used solely for service of legal process in connection with actual or prospective litigation;
2.a citation to the statute or regulation that empowers the requester to serve process, if the requester is other than the attorney for a party in whose behalf service will be made or a party who is acting pro se;
3.the names of all known parties to the litigation;
4.the court in which the case has been or will be commenced;
5.the docket or other identifying number, if one has been issued; and
6.the capacity in which the boxholder is to be served, e.g., defendant or witness.
39 C.F.R. § 265.14(d)(5)(ii)(A). By submitting such information and making the FOIA request, the requester certifies that the request is true and correct. The warning statement and certification must be included immediately before the signature block. If the FOIA request lacks any of the required information or a proper signature, the postmaster will return it to the requester specifying the deficiency. 39 C.F.R. § 265.14(d)(5)(ii)(B). See form 3-1 in this chapter.
If the FOIA request is properly made, the post office will provide—
1.the new address of a specific customer who has filed a permanent or temporary change of address order;
2.the name and address of the holder of a bulk mail permit or other similar permit; or
3.the recorded name, address, and telephone number of the holder of a post office box.
39 C.F.R. § 265.14(d)(1), (d)(2), (d)(4), (d)(5).
§ 3.5Driver’s License Resources
On receipt of a written request and payment of a nominal fee, the Department of Public Safety may disclose information relating to an individual’s most recent address as shown on its records. The requester must submit either the individual’s driver’s license number or full name and date of birth. The request should also include the individual’s most current known address. Tex. Transp. Code §§ 521.045, 730.007(a)(2)(C)(ii). Although state and federal law has limited the availability of driver’s license information, this information is still available for debt collection purposes. See 18 U.S.C. § 2721(b)(3); Tex. Transp. Code § 730.007(a)(2)(C)(ii). A DPS Application for Copy of Driver Record may be used to obtain this information and can be found at www.txdps.state.tx.us/internetforms/Forms/DR-1.pdf. See form 3-2 in this chapter. The information is not available online through the DPS website as of the publication date of the latest supplement of this manual; however, there are several fee-based commercial online services that will provide this information (for example, TLO, Accurint, LexisNexis). See also section 3.8:3.
§ 3.6:1Who Must File Assumed Name Certificates
Assumed name certificates must be filed by—
1.any individual who does business under a name that does not include his own surname;
2.any partnership whose name does not include the surname or other legal name of each general partner or joint venturer;
3.any individual or partnership whose business name suggests the existence of other owners by the use of words such as “Company,” “and Company,” “and Sons,” “Brothers,” and so on;
4.any limited partnership, corporation, limited liability company, limited liability partnership, or foreign filing entity doing business under a name other than the one shown in its officially filed documents (for example, articles of incorporation); and
5.any other company conducting business under a name.
Tex. Bus. & Com. Code §§ 71.002(2), 71.051, 71.101.
§ 3.6:2Where Certificates Must Be Filed
Corporations, limited partnerships, limited liability partnerships, limited liability companies, and foreign filing entities must file their assumed name certificates with the Texas secretary of state in Austin. A sole proprietor must file an assumed name certificate in every county in which the person conducts or renders professional services. Tex. Bus. & Com. Code § 71.054.
§ 3.6:3What to Look for in Assumed Name Certificates
An assumed name certificate provides the name and address of the owner of the business. The identity of any co-owners or others potentially liable for the debt may be discovered in this search. Also, a search of a reverse index of owners will show any other businesses a person or entity might own. In some urban counties, online searches of assumed name records are available and are usually free of charge.
§ 3.6:4If Business Owner Fails to File Certificate
If a business owner–defendant fails to file a proper assumed name certificate, a plaintiff or other party bringing an action against the business may recover, if the court so determines, all expenses, including attorney’s fees, incurred in locating and serving the owner. Tex. Bus. & Com. Code § 71.201.
§ 3.7:1Telephone Searches Generally
Directory assistance does not give out addresses for number inquiries, but if voice contact with the debtor is sought, directory assistance may be helpful. Phone directories for many Texas towns and cities may be found in the public library or in a local phone company office. If debtors may be calling your office but refusing to give you contact information, caller ID and call return services can help, especially if the call return feature is used from a phone with an alpha-numeric readout of the number dialed.
§ 3.7:2Ethical and Legal Cautions
See section 2.15:4 in this manual regarding phone conduct generally and section 2.15:9 regarding communication with third parties.
The attorney should not use a gimmick such as claiming to have a package to deliver to the debtor and needing the debtor’s address to deliver it. See Tex. Fin. Code § 392.304(a)(3). See section 2.33:2.
§ 3.7:3Pretexting and Other False Pretenses
Pretexting occurs when someone tries to gain access to personal, nonpublic information without proper authority to do so by impersonating the account holder by phone, mail, e-mail, or by other means. See 15 U.S.C. §§ 6821–6827 (known as the Gramm-Leach-Bliley Act or the “GLBA”). The GLBA makes it illegal for financial institutions to collect data under false pretenses, that is, by pretext. 15 U.S.C. §§ 6821(a)–(b). While there is little case law on the subject, it seems clear that as an agent of financial institutions, a debt collector would be subject to the GLBA’s prohibitions and resulting liability. In addition, pretextual collection activity may give rise to a “false pretenses” cause of action or defense by the debtor under common law. Practitioners should be aware that such conduct could also violate the Texas Disciplinary Rules of Professional Conduct. See Tex. Disciplinary R. Prof’l Conduct R. 3.01, 5.03, 8.04.
§ 3.8:1Finding Information on the Internet
Perhaps the most useful overall function of the Internet is its ability to search itself in a natural-language format. A few minutes’ use of Google, Yahoo!, Bing, or other search sites can turn up all sorts of helpful information for location, identification, and collection purposes. These search sites also offer free map applications, such as Google Maps, Apple Maps, and MapQuest, which allow the user to enter an address and immediately locate that address on the user’s device, obtain directions, and view relatively recent pictures of the location entered.
Another source of information is social networking sites. Social networking sites such as Facebook, Twitter, Instagram, LinkedIn, Pinterest, Tumblr, Flickr, SnapChat, and similar sites should be scoured for useful location, identification, and asset information using each site’s unique search functions.
§ 3.8:2Commercial Online Services
There are many fee-based commercial online services available for locating debtor information. Services that provide information concerning debtors include www.lexisnexis.com, https://westlaw.com, https://accurint.com, www.tlo.com, PeopleMap, and www.ussearch
.com.
§ 3.8:3Credit Reporting Bureaus and Agencies
A simple credit report may tell you such things as the debtor’s addresses for the last ten years, Social Security number, spouse’s name, and employer. However, a credit report cannot be accessed without the consumer’s permission. 15 U.S.C. § 1681b(a)(2).
Under the provisions of the Fair Credit Reporting Act (FCRA) you must—
1.obtain credit reports only for permissible purposes under the FCRA (15 U.S.C. § 1681b(a)(3));
2.notify the debtor when an adverse action is taken on the basis of such reports (15 U.S.C. § 1681b(b)(2)); and
3.identify the company that provided the report, so that the accuracy and completeness of the report may be verified or contested by the consumer (15 U.S.C. § 1681b(c))
Permissible purposes under the FCRA include—
1.use in a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer (15 U.S.C. § 1681b(a)(3)(A));
2.employment qualification purposes (15 U.S.C. § 1681b(a)(3)(B));
3.underwriting insurance (15 U.S.C. § 1681b(a)(3)(C));
4.governmental issuance of a license or benefit (15 U.S.C. § 1681b(a)(3)(D));
5.use in assessment of personal credit risks as a potential investor or servicer, or current insurer (15 U.S.C. § 1681b(a)(3)(E));
6.a legitimate business need for the information—
a.in connection with a business transaction that is initiated by the debtor; or
b.to review an account to determine whether the debtor continues to meet the terms of the account (15 U.S.C. § 1681b(a)(3)(F)); and
7.as an executive department or an agency in connection with the issuance of government-sponsored individually billed travel charge card (15 U.S.C. § 1681b(a)(3)(G)).
The three major credit reporting agencies are Experian (www.experian.com), Equifax (www.equifax.com), and TransUnion (www.transunion.com). Each website has restricted access and is a subscription service. Attorneys typically do not subscribe to the services offered by credit reporting agencies, but often clients will have access to credit information.
There are also asset search applications on sites such as www.lexisnexis.com and https://
westlaw.com. See also the sites listed in section 3.8:3 above. Each website has restricted access and is a subscription service. Services vary by website and subscription. You must have a legitimate reason to obtain this information in compliance with the Driver’s Protection Policy Act (DPPA) and Gramm-Leach-Bliley Act (GLBA). Legitimate reasons include the following.
For the DPPA:
1.Litigation—in connection with any proceeding (including arbitration) in any court or government agency, or before any self-regulatory body, including investigation in anticipation of litigation, service of process, and execution of judgments. 18 U.S.C. § 2721(b)(4).
2.Debt recovery/fraud—to verify the accuracy of information about a person or obtain corrected information about a person who provided the information to you (or to your client) only if the information is used to recover on a debt against the person or to pursue legal remedies against the person for fraud. 18 U.S.C. § 2721(b)(3).
3.Business—in the normal course of business by a legitimate business or its agents, employees, or contractors to verify the accuracy of personal information submitted by the individual. 18 U.S.C. § 2721(b)(3).
4.Governmental use—by a government agency, including any court or law enforcement agency, in carrying out its functions. 18 U.S.C. § 2721(b)(1).
5.Insurers—by an insurer (or its agent) in connection with claims investigation activities, antifraud activities, rating, or underwriting. 18 U.S.C. § 2721(b)(6).
For the GLBA:
1.Fraud prevention or detection—“to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability.” 15 U.S.C. § 6802(e)(3)(B).
2.Legal compliance—to comply with federal, state, or local laws, rules, and other applicable legal requirements. 15 U.S.C. § 6802(e)(8).
3.Risk control—for required institutional risk control or for resolving customer disputes or inquiries. 15 U.S.C. § 6802(e)(3)(C).
4.Consumer authorization—with the consent and direction of a consumer or as necessary to effect or enforce a transaction requested or authorized by the consumer. 15 U.S.C. § 6802(e)(1), (e)(2).
5.Fiduciary capacity—by persons acting in a fiduciary capacity on behalf of the consumer. 15 U.S.C. § 6802(e)(3)(E).
6.Legal or beneficial interest—by persons holding a legal or beneficial interest relating to the consumer. 15 U.S.C. § 6802(e)(3)(D).
Dun & Bradstreet (www.dandb.com) is another subscription service available for searching business debtors. In general, it gives good location and financial information with respect to larger business. Typically, it is not very helpful for individuals or small businesses.
§ 3.9Finding Debtor through Property Records
§ 3.9:1Motor Vehicle Ownership
The Texas Department of Motor Vehicles will confirm the name of a vehicle’s owner if provided with the vehicle identification number. The request must be made in person at any regional office of the DMV by filling out form VTR-275 (Request for Texas Motor Vehicle Information) and paying a nominal fee. See form 3-3 in this chapter. The DMV may be reached for assistance at 888-DMV-GOTX or 888-368-4689. More information on vehicle registration can be found on the DMV’s website at http://txdmv.gov/.
§ 3.9:2Boat Ownership and Liens
The Texas Parks and Wildlife Department will confirm the name of the owner of a boat if the boat registration number is provided. An online query for boat ownership may be made on the department’s website at https://apps.tpwd
.state.tx.us/tora/home.faces. Similarly, a printout of the ownership and lienholder information and a report of the boat’s ownership history can be requested by submitting a request form to the department. The Ownership/Lien Holder Information Printout Or Ownership History Report (PWD 763) form can be downloaded from the department’s site at http://tpwd.texas.gov/publications/pwdforms/media/pwd_0763_
a0900 _ownership_lien_holder_info_ printout_history_rpt.pdf. See form 3-4 in this chapter. Call the department at 512-389-4800 or toll-free at 800-792-1112 for more information.
The Federal Aviation Administration (FAA) maintains records on individual aircraft. Aircraft registration records include applications for aircraft registration, evidence of ownership, security agreements, mechanic’s liens, lien releases, leases, lease terminations, and N-Number changes.
Records of all aircraft registered in the United States are sold through a subscription service offered by PublicData.com. The records are searchable by name of owner, make and model, or serial number.
The FAA’s Aircraft Registration Branch will provide limited information at no charge over the telephone at 866-762-9434. For example, by direct telephone call to the FAA, an attorney may discover whether a given person has an aircraft registered in his name. Information on specific aircraft may be available by providing the FAA with the aircraft’s serial number and N-Number. The same information is available online at https://aircraft.faa.gov/e.gov/nd/. Copies of the complete records on an aircraft can be requested through the FAA’s website. The records are available either on paper or electronically on a CD-ROM. Certified copies of the records are also available. A schedule of charges can be found on the FAA’s website at www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/copies_aircraft_records/.
Although the county clerk’s and tax assessor’s records are more often searched to find the debtor’s assets, they may contain address information as well. See sections 3.21:1 and 3.21:2 below regarding searching these records. When searching for an address in the county clerk’s records, the attorney should examine all documents indexed in the debtor’s name. All conveyances executed after December 31, 1981, must have the grantee’s address. Tex. Prop. Code § 11.003(a)(1). Also, county clerks typically require a document presented for recording to have a “return to” address at the end of the document. Finally, many document forms, such as the State Bar of Texas’s conveyancing forms found in the Texas Real Estate Forms Manual, require the addresses of the parties to the transaction. The tax assessor’s records will contain an address for the person paying taxes on particular property.
Location information may also be found in the federal district clerk’s (including the bankruptcy court clerk) and county district clerk’s records. Typically, because of jurisdictional and venue considerations, the information would be found where the debtor has its principal place of business or resides. Such information and records may be obtained on local county websites or through eFILETexas and its various providers. See www.efiletexas.gov for more information concerning its service providers and their respective services. Federal court records, including bankruptcy records, can be accessed through the federal PACER system at www.pacer.gov. Reviewing such information and records may also give the attorney a clearer picture of the collectability of the debt pursued.
§ 3.11Professional or Occupational Licenses
If the debtor has a professional or occupational license, such as real estate broker–salesperson, insurance agent, auctioneer, physician, chiropractor, dentist, surveyor, nurse, accountant, or attorney, the relevant licensing authority should provide the debtor’s address according to its records. If the debt or judgment pertains to the debtor’s professional activity, there may be a recovery fund to pay unpaid judgments. See, e.g., Tex. Occ. Code §§ 1101.601–.615 (Real Estate Recovery Fund to pay eligible judgments against licensees). A database of many Texas occupational licenses can be searched on the Texas Department of Licensing and Regulation’s website, www.tdlr.texas.gov/. The practitioner should also visit the website of the agency regulating the occupation.
[Sections 3.12 through 3.20 are reserved for expansion.]
Every county clerk in the state must keep an index of grantors and grantees of documents recorded in the clerk’s county. Many indexes are available online. If the county records are not online, a local title company may be of assistance; see section 3.21:3 below. Both the grantor and grantee indexes for tax liens and abstracts of judgment as well as conveyances should be searched in the county records.
§ 3.21:2Tax Assessor-Collector
The county tax assessor keeps a tax roll for all real and tangible personal property located within the county. Most such rolls can be searched by name, providing a way to determine whether an individual may own property in that county. The assessor’s or taxing authority’s records may not indicate whether an individual or entity actually owns property, but at a minimum they will indicate the person or entity who receives the tax bill for that property. The assessor’s records may be used as a starting point for tracing ownership of real property. If the county tax assessor does not maintain a name index, other taxing authorities in the county, such as school or water districts, may maintain such an index. Many counties now provide Internet access to their tax rolls.
A title company can provide a chain of title to a particular piece of property. A complete abstract of title can be prohibitively expensive and of little use to the debt collector, but the title company can usually provide a last deed in the chain to any piece of property as well as liens recorded against that property.
With respect to liens encumbering personal property, the creditor will often record the lien in the public records of the secretary of state of the debtor’s state of incorporation or organization pursuant to the provisions of the Uniform Commercial Code (the UCC). The system is similar to the recording system for real estate in county real property records. The purpose is to give potential buyers of personal property notice that the property is encumbered by a lien.
Under the UCC, a “debtor” is (1) “a person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor”; (2) “a seller of accounts, chattel paper, payment intangibles, or promissory notes”; or (3) a cosignee. Tex. Bus. & Com. Code § 9.102(a)(28). An “obligor” is a person who, “with respect to an obligation secured by a security interest in or an agricultural lien on the collateral,” (1) “owes payment or other performance of the obligation,” (2) “has provided property other than the collateral to secure payment or other performance of the obligation,” or (3) “is otherwise accountable in whole or in part for payment or other performance of the obligation.” Issuers or nominated persons under a letter of credit are not obligors as defined by the UCC. Tex. Bus. & Com. Code § 9.102(a)(73). A “secured party” is (1) a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding; (2) a person holding an agricultural lien; (3) a consignor; (4) a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold; (5) a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or (6) a person that holds a security interest arising under section 2.401, 2.505, 2.711(c), 2A.508(e), 4.210, or 5.118 of the UCC. Tex. Bus. & Com. Code § 9.102(a)(73).
A secured party perfects its security interest by filing a financing statement, also called a UCC1. A UCC1 is a simple form that includes information such as the legal names and addresses of the debtor and creditor and a description of the collateral.
Because the UCC1 must describe the collateral securing a secured debt, a review of these documents will also give the attorney such information as the kind of assets the debtor may have and the identity of any party claiming a security interest in the assets as collateral for a debt. Tex. Bus. & Com. Code § 9.502.
To determine whether a particular UCC1 has actually been filed, the attorney can—
1.examine the particular UCC1 to see whether the upper right-hand corner has been stamped by the secretary of state or county clerk’s office;
2.call the secretary of state’s office at 512-463-5555, give the name of the debtor, and request the search;
3.perform an online financing statement search on the SOSDirect website at www.sos.state.tx.us/corp/sosda/index.shtml; or
4.submit a form UCC11 to the appropriate office. See form 3-5 in this chapter.
On receipt of a form UCC11, the filing officer must issue his certificate showing whether there is on file, on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment and, if there is, giving the date and hour of filing of each such statement and the name and address of each secured party. On request, the filing officer must furnish a copy of any filed financing statement or statement of assignment. A financing statement for some kinds of personal property can be obtained by sending a form UCC11 to the Secretary of State, Uniform Commercial Code Section, P.O. Box 13193, Austin, TX 78711-3193. See form 3-5 in this chapter; form UCC11 is also available on the secretary of state’s website at www.sos.
state.tx.us/ucc/forms/ucc11.pdf. The form can be downloaded or filled out and then printed from the site. This information is also available through the Secretary of State Online Access system, called SOSDirect, which allows computer access to information maintained by the secretary of state. Information on subscribing to this system may be obtained by calling 512-475-2755 (corporations) or 512-475-2703 (UCC); e-mailing corpinfo@sos.texas.gov, ucc_assist@sos.texas.gov, or sosdirect@sos.texas.gov; or by accessing the secretary of state’s website at www.sos.state.
tx.us. See sections 5.11:4 through 5.11:6 in this manual for further discussion of financing statements.
An easy way to find out where the debtor banks is to write him a check on an unfamiliar account, which when cashed will show the depository bank and offer the account number itself. If the debtor is a business, something may be bought from the business with a check. This procedure should not be used in a consumer debt situation because such a procedure may violate consumer protection laws. See generally chapter 2.
Discovery from financial institutions is discussed at section 18.16 in this manual.
§ 3.24Vehicles, Boats, Aircraft
The resources set out in section 3.9 above for finding the debtor’s address can also be used for ascertaining whether the debtor has any of these particular types of assets.