If a debtor has transferred assets or property to a relative, friend, or some other insider to avoid paying a judgment, he may be liable for a fraudulent transfer. Our Huntington Beach Attorney can assist you with these claims, which are primarily based on the Uniform Fraudulent Transfer Act, CA Civil Code sections 3339 et. seq.
Many times assets are transferred to a family member or a company that is set up just to conceal assets so it is critical that if you believe a debtor is transferring assets to prevent you from collecting a judgment that you contact an experienced collections attorney immediately.
A transfer made or obligation by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows:
i. With the actual intent to hinder, delay, or defraud any creditor or the debtor;
ii. Without receiving a reasonably equivalent value in exchange for the transfer or obligation (ie a non-arms- length transaction to a family member) and the debtor either:
a. Was engaged in a transaction for which the remaining assets of the debtor were unreasonably small in relation to the transaction.
b. Intended to incur or reasonably should have believed that he would incur debts beyond his ability to pay as they became due.
If you believe that a debtor is fraudulently transferring property or assets to avoid paying your judgment or debts, you should contact our debt collection attorney quickly to try to stop the transfer and prevent future transfers. We can be reached by phone: 714-847-2500, email, or through our website.
Contact our collection attorney in Huntington Beach today to set up a Free and confidential consultation at: 714-847-2500; or online.