Legal Question in Personal Injury in California

Defendant hiding assets

I found out that someone I'm suing has put their house and business in someone else's name. I wanted to know if this is legal for them to do and if there is any recourse for me.


Asked on 8/14/06, 4:32 pm

3 Answers from Attorneys

Arthur Khachatourians Tyler & Wilson

Re: Defendant hiding assets

You can bring an action for fraudulent conveyance and set aside the assignment.

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Answered on 8/28/06, 6:26 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Defendant hiding assets

Yes, if the conveyance is deemed fraudulent, as you describe, you have legal recourse to set aside the assignment and make the real property at issue subject to a "lis pendins" lien to further protect your interests. If you would like prompt, affordable legal assistance in this matter, contact our Law Firm today for a free phone consultation.

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Answered on 8/28/06, 6:58 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Defendant hiding assets

If, after the transfer the person you are suing becomes insolvent (i.e., unable to pay his/her bills as they come due), they have violated the Uniform Fraudulent Transfer Act. Your recourse is to bring an action againt the person you are suing and the person to whom the property was transferred to void the transfer. In my opinion a lis pendens is inappropriate in this instance because you are not claiming an ownership interest in the property, but are only interested in making sure the debtor has assets to satisfy your MONEY judgment.

If you are currently represented by an attorney, you should immediately inform your attorney of this development. If you are not currently represented by an attorney, you should probably hire one to represent you in your current lawsuit as well as to advise you concerning this transfer.

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Answered on 8/28/06, 7:34 pm


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