Legal Question in Credit and Debt Law in California
collecting on judgment
If a defendant in a civil lawsuit transfers ownership of property to family members during litigation, would a successful plaintiff be able to access those assets - - since the transfer of ownership would obviously have been a ploy to avoid paying up.
3 Answers from Attorneys
Re: collecting on judgment
Lawsuits can be brought to set aside fraudulent transfers of property to avoid creditors. The plaintiff's attorney will know how to pursue this.
Re: collecting on judgment
What you described might be considered a fraudulent conveyance or fraudulent transfer under California law. You would need to initiate legal proceedings against the defendant and the new property owners to undo the transfer to allow enforcement of the judgment. You should consult a local attorney for a more thorough analysis of the facts to determine if this can be done in your particular case.
Re: collecting on judgment
The Fraudulent Transfer Act may reverse any such transfers. Contact me directly.
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