County Court Records Search
Before conducting a county court records search, it is important to note that much of the information available there will not be found on any website. Most county records are maintained on stand-alone databases or mainframes that are not linked to any outside source. What this means is that a county court records search will have to be done at the courthouse or municipality where the information is stored. The information is available to the public and there is generally no fee to view the information, but there will be a small fee to print off anything that is found while conducting your county court records search.
Information Needed to Begin Search
Any effective county court records search starts with the user or search having as much information as necessary in order to produce optimal results in the shortest amount of time. At most local courthouses where this information will be found, there are few computers that are available to the public and most often there is a time frame that is placed on the user. So, having as much information as possible prior to beginning the search will allow for the most expedient use of time.
Types of Searches You Can Perform
There are several kinds of searches that can be performed during a county court records search, therefore the type of information that will be required is different based on the search. One type of search is called a “lien” or “property” search, also sometimes referred to as a “title search.” This is most often done during a real estate transaction where a party is either selling their property and transferring ownership or refinancing.
Before title can pass to someone else, the property must be free and clear of all liens and encumbrances, and a title search will demonstrate what is owed on the property--both by way of mortgages or any tax liens and/or judgments. Most lending institutions require that a property’s history be searched for the past 60 years.
Also as a part of this type of title search, criminal and civil records are checked to ascertain whether there are any civil or criminal judgments in place. For this type of search, only the record owner is checked and the history dates back 30 years. Land record searches can also allow the searcher to determine whether or not any property taxes are owed on the property and in what amount.
If a sales transaction involves the sale of a business, another type of search that will be performed is a UCC filings search. When a business takes out a loan, the lender will secure its interest in the loan by attaching a lien against fixtures and/or equipment that is located within that business. This is called a "security interest filing" and is recorded in the courthouse. This will also be part of the information that will be searchable during a county court records search. As with a real property transaction, before the sale of a business can be accomplished, there must be a release of all liens that are against the business itself as well as any fixtures, furnishings and/or equipment that are a part of that sale.
Criminal records search results will provide information about any and all cases that have been filed against a defendant by any state or federal municipality and the final adjudication or the status of the case. These cases are usually captioned “State versus” and the name of the party defendant or the accused.
Information Needed
Most county court record searches require the full names of the parties, commonly referred to as the plaintiff or the defendant, the date of the initial filing and the court in which the case was brought. Without at least that information, most searches will be fruitless.
Performing Searches on the Computer
Now that the searcher has narrowed down the focus of his or her search and understanding that a trip to the local courthouse is in all likelihood necessary, the court records search can be completed in one of two ways. There may be a computer or mainframe system where local information is stored. The search will be performed in the same way as it would be online. The litigant’s names will be required, or at least the last name and possibly first initial, as well the date on which the suit was filed. This minimal information may result in a list of names which will require weeding through in order to find the proper party sought.
Performing Your Search Using Record Books
A more antiquated method of doing in-house court records searches involves actually pulling court books or logs in which all information about a party and/or case has been entered, either handwritten or typed in manually. Sometimes this method is a more effective means of obtaining court information, although much more time consuming. The information is stored in the books that are arranged alphabetically and by year. It simply requires pulling each book under the correct alphabet and year and going page by page until the information is located.
County court record searches are time consuming given the fact that much of it has to be done by hand and without the use of the Internet. It has long been the hope of professional title searchers that the information housed in the archives of courthouse on main street USA would find its way into a computer database but the cost of doing so is exorbitant as well as cumbersome.
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