Services
Asset Recovery Division
Quintanilla Law Firm pursues a seamless, worry free solution for its Clients
Upon initiating a "Recovery Agreement" (Agrmt) with a Client, Quintanilla Law Firm begins a comprehensive search and discovery of Client's assets. Quintanilla Law Firm does this by researching the records of numerous private businesses and government entities that in times past have had transactional relationships with the Client. Once monies/assets are deemed abandoned, the financial related institutions holding the assets are required by law to return them to their owners within a specified period of time. Therefore, some record will have been established that ultimately helps in tracing those assets to their present day location. Once those available assets are identified, Quintanilla Law Firm begins the work towards an immediate recovery of those on behalf of their Client. Quintanilla Law Firm does the majority of this work to minimize the need of Client's involvement to complete the recovery process, as the research and resources for discovery and recovery of assets can often be tedious and time consuming work.
As one might guess, the type of entities where these funds were originally forgotten or misplaced, are typically from those such as banks, credit unions, stock trading accounts, or other types of routinely used financial services. Many people, individually or in a corporate capacity, are often surprised to learn how large these amounts can add up to, even though for those to whom they belong can rarely recall the circumstances in how their monies/assets were originally lost, leaving those funds or assets forgotten for many months, years, or even decades.
The following is a list of some of the most common types of misplaced/forgotten assets that were the original source of a Client's lost property, and though the list appears comprehensive, there are still many types of assets not listed here:
- cash in dormant accounts, such as checking/savings/money market/stock trading
- proceeds f/escrow accounts f/real estate/trusts/dividends
- proceeds f/insurance claims/bonds/matured policies/annuities/endowments
- undelivered shares of stock/tax refunds/rebates/claims/group policy benefits
- undelivered wages/payroll/salary/workers compensation benefits
- unpaid mineral rights/royalties
- unpaid commissions/pension funds/lost payments for billed goods & services
- uncashed checks-E.g./business, personal, certified, cashier's/money order
- credit balances f/overpayments to venders/utilities
- unpaid interest on CD's/financial accounts or investments
- death benefits due beneficiaries
- liquidated funds for unsurrendered stocks & bonds/fractional shares
- unpaid dividends on reinvestment plans
- unexchanged stock of successor corporation
Many of the unclaimed items mentioned above began their life as the result of wrongfully addressed mail correspondence that was sent through the U.S. Postal Service or other private mail carriers. For the fact most companies and government entities use mail correspondence almost exclusively as their primary form of communication with account holders, any failure in this method can greatly jeopardize one's financial matters.
This is particularly troubling as it applies to deliveries made through the U.S.P.S., as it is well documented that of all deliveries attempted, a full one-half of one percent of parcels are somehow lost in transit. When highly valued mail items, such as checks issued for auto policy settlements or life insurance claims, are returned back to their senders as "undeliverable," their recipients are often deprived access of these substantial sums of money for significant periods of time.
As a result, these forgotten monies, or other undeliverable assets can remain at that institution for many months or years unless the respective financial entity is diligent in tracking down the customer's new contact information.
When undeliverable funds remain at an entity, such as a bank or insurance company for extended periods of time, then those funds/financial instruments, as per that state's statute and specific type of asset involved, are required to be transferred over to their respective City, County, State or Federal holding agencies. At this point, these assets are now classified as "escheated funds" and they become the responsibility of those agencies for their safekeeping on behalf of their Claimants.
It should be recognized, however, that within the varying state and territorial governmental institutions, one's misplaced funds are not always protected forever, as some entities will have their own prescribed time limitations for a Claimant to make their recovery, and once those limits have passed, those funds will be effectively lost forever to that entity.
Acknowledgment of Client's Cooperation:
- The Client acknowledges that upon entering into agreement with Quintanilla Law Firm to engage in the discovery and collection of Client’s lost assets, Client will provide the full contact information of its duly authorized company representative(s) to Quintanilla Law Firm. Client’s representative(s) must have full legal authority and signatory authorization on behalf of its named company, (or any other name used prior to the current named company for which the held asset is listed under) to execute agreements and make representations of ownership; as this is required by law before any Government or Privately held entity may return a held asset back to its Claimant. Non-private types of government entities that may have a Claimant’s funds, are generally Federal, State, County and City departments, and whose CFO, Trustee, or Comptroller must authenticate the release of those assets.
Compensation:
- Quintanilla Law Firm does not charge an upfront fee for its services.
- Once Client is in receipt of funds that Quintanilla Law Firm has assisted in finding and delivering to Client, Quintanilla Law Firm then receives a nominal fee as based upon the total amount of recovered assets, as per the terms of Quintanilla Law Firm and Client’s joint signed agreement.
Exclusions:
- Note: Quintanilla Law Firm “IS NOT” a “debt collector”, as per the standard definition of that term, as Quintanilla Law Firm does not pursue collection of “delinquent receivables” that are owed to a Client by companies or individuals that are classified as “debtors,” and for which Client is actively seeking recovery of, such as monies/assets owed to Client from unpaid goods or services.
- Here at Quintanilla Law Firm, we look forward in helping you recover whatever valuable assets you or your company may have lost/forgotten in previous years. Please do not hesitate in contacting us if we may be of some service to you in the search and recovery of any of your long lost assets!
Paymaster Services
The “Purpose” and “Requirements for position” are described by Wikipedia below.
Purpose The primary purpose of a Paymaster is to receive monies from buyers in large business transactions and deposit those into escrow for the eventual disbursement of the principal and fees that are due to the sellers and brokers within the transaction.
Although not a requirement, a Paymaster is usually a lawyer (also known as a ‘lawyer paymaster’), that can help navigate certain complexities that arise as a result of the multiple parties with varying interest that are involved in the transactions. When dealing with commission payments on contracts dealing with large amounts of money (such as Oil, Gas, Steel, Iron, Gold, MTN's, VG's, T-Strips, and other instruments), most banks in the United States are wary of their exposure for the many liabilities in handling such large amounts of money. In addition, most buyers and sellers of such transactions prefer to place the money with a neutral third party for their disbursement. In most cases, the buyer and seller involved in the transaction will require a paymaster to be named in the handling of all incoming and outgoing funds.
A paymaster is a neutral third party and has no knowledge of any particulars of the transaction prior to their appointment. They handle the incoming commissions and disburse the funds accordingly. In return for their services, the paymaster charges a small fee paid directly to them out of the commission proceeds prior to their disbursement.
Requirements for position In the U.S., there is no licensing requirement to be a paymaster. However, a Paymaster is often a licensed lawyer, due to the high security and safety concerns necessary when dealing with any financial matters that work in cooperation with the U.S. banking system. Lawyers are required to hold any funds that do not belong to them directly, within an "Attorney's Trust Account" (also known as an IOLTA account) that is monitored by the state bar within the state for which the attorney is licensed to practice.
Our vision of Paymaster Services: We offer our clients a service that goes beyond a competent fiduciary duty performed in good faith as, “…a neutral third party and has no knowledge of any particulars of the transaction.” In the appropriate Paymaster assignments, we can add service value by offering the following:
- Upon our assignment as Paymaster, we would suggest we host an initial conference of all parties to the proposed contract, as this affords a meet and greet where all parties who are integral to the development of the commercial construction project contact or large transfer of funds can come together and put a face to the names and chairs at the conference table. We can also host a virtual conference.
We strive to provide a valued service in 4 facets:
1. Security
To be a part of Quintanilla Law Firm's Paymaster team, every staff member’s background must be free of any criminal history. No team member (Quintanilla Law Firm staff person) may have any connection or interest to the underlying parties to a fund transfer. Our service offers a Certification of Parties & Transfer Contract (CPTC) program ensuring the identity of the parties to a Transfer Contract, but also verifying that the transaction is a legitimate business purpose transfer. We only grant the certification after a due diligent investigation authenticating the parties to a contracted transfer of funds. Our CPTC program, which utilizes proprietary methodology developed over years of gained experience, will not execute a transfer of funds schedule pursuant to a Transfer Contract until said Contract has been validated as authentic by both transferor parties and transferee parties. Our Paymaster service offers a greater level of comfort and trust, so client knows the CPTC program has done all that is possible to avoid a nefarious transfer of large funds.
2. Speed
We utilize wire transfer or electronic bank transfer, depending upon circumstance.
If necessary, we can also arrange a transfer utilizing Bitcoin. Note: The IRS now tracks and requires both the transferor and transferee report said cryptocurrency transactions.
3. Privacy
Standard Wire Transfer or Electronic Digital Transfer: The parties to a Transfer Contract may remain completely undisclosed to third parties who are not involved in the execution of the transfer. Quintanilla Law Firm personnel are not allowed to disclose the details of Transfer Contracts to anyone outside of our operations unless it is for the purpose of facilitating or executing a contract term, or to communicate status to parties to a transfer contract.
4. Communication
Quintanilla Law Firm will provide a Notice of Transfer to all parties. Upon a completion of transfer, we also send a notice to all parties.