Legal Question in Civil Litigation in Virginia

loser in arbitration hiding assets

We participated in binding arbitration and won a substantial award ($200,000 +) for breach of contract and violations of the Consumer Protection Act.

Contractor's lawyer is preventing entry of judgment in the circuit court and we have evidence that the contractor has moved assets out of the company - to another of his businesses.

Is it legal for him to do that? Can we do anything to prevent dissipation of the assets?


Asked on 10/11/08, 11:21 am

2 Answers from Attorneys

Lee Berlik BerlikLaw, LLC

Re: loser in arbitration hiding assets

READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop reading now.

RESPONSE:

If the contractor is hiding assets in an attempt to keep them away from you, then NO, it is not legal and you can and should take immediate action to stop it. This forum won't be able to give you sufficient information to move forward; you will need a lawyer for something like this. Basically, the contractor will have committed a "fraudulent conveyance" if the following are present: (i) the conveyance of assets to another, (ii) with the intent to hinder, delay or defraud (iii) a creditor, purchaser, or other person (iv) from what they are or may be lawfully entitled to. Sounds like your situation.

Note that to fall within the ambit of the fraudulent-conveyance statute, the purpose of the grantor must be fraudulent and the grantee must have notice of such fraudulent intent. Again, it sounds to me like this is the case.

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Answered on 10/14/08, 12:05 pm
Daniel Press Chung & Press, P.C.

Re: loser in arbitration hiding assets

It is probably not legal, and can be undone by way of a fraudulent conveyance suit. If the arbitration was valid, there should be no way for them to block entry of judgment - I assume you have a lawyer handling this for you.

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Answered on 10/11/08, 12:03 pm


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