Legal Question in Credit and Debt Law in California

How To Set Aside a Fraudulent Transfer

What are the procedures for setting aside a fraudulent transfer? I got a judgment against someone who wouldn't pay me for services. Now that I have a judgment, they transferred their assets to a newly formed corporation. Do I file a complaint, a motion, are there several options, if so, what are they? I don't want to spend alot of money trying to collect. Thanks in advance for your help.

Asked on 9/24/01, 4:55 am

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates
0 users found helpful
0 attorneys agreed

Re: How To Set Aside a Fraudulent Transfer

There is a Motion to add and judgment debtor and possibly a law suit for fraudulent transfer. I'd be glad to review your documents without charge and then let you know what I would charge to handle your case fax 714 363-0229

Read more
11/17/01, 6:40 pm
Joshua Genser Joshua G. Genser, Attorney at Law
0 users found helpful
0 attorneys agreed

Re: How To Set Aside a Fraudulent Transfer

You would have to due the transferee and prove that

the transfer was fraudulent. Sorry, there's no

inexpensive way to do it.

Read more
11/06/01, 1:12 pm
Alexander Trueblood Trueblood Law Firm
0 users found helpful
0 attorneys agreed

Re: How To Set Aside a Fraudulent Transfer

You can either file a complaint for fraudulent transfer, with resulting litigation that could take more than a year to resolve. Meanwhile, the assets will probably be transferred somewhere else.

Or you could levy on the corporate accounts, which entails some risk. If the court finds that the transfer was valid, you will be liable for a wrongful levy.

Neither option should be taken until you consult with a lawyer about your particular situation.

My experience is that a person who is willing to transfer assets is willing to do it again, and probably to flaunt court orders. Don't throw good money after bad!

Read more
11/06/01, 1:13 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88283 active attorneys ready to answer your legal questions today.

Credit, Debt and Collections Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now