A creditor has requested that a default judgment be entered against me after I failed to file a response to a pending court hearing. I was completely unaware that I needed to file a response or answer. As far as I can tell the default has not been entered against me yet. At this time can I transfer personal property into someone elses name and not suffer legal consequences? I live in California
3 Answers from Attorneys
No, you cannot transfer assets to someone else. It would be considered a fraudulent transfer.
Instead, file an answer and object to default judgment.
I assume you were served with the summons and complaint. The default will be proper. Sure go ahead and transfer the property, you can hide your assets. Really? Transferring the property as you describe is a fraudulent transfer and will make everything worse. Figure out how to okay your creditor...
You may not transfer your assets without legal consequences.
If you were served with the initiating legal papers, the Summons would have advised to file your answer in time.
You should now make a motion to set aside the default. If it has not been entered, file an answer, affirmative defenses or a motion.