Legal Question in Real Estate Law in California

Re: quitclaim deeds

Wow, I have never encountered that situation similar to the what you have. First of all under normal circumstances there is a three-year statute of limitations on a transfer in fraud of creditors. That would be the quitclaim deed of the property to his wife's father without full consideration. The problem is you don't know about this supposedly entities during a period in which used to pay you back. It might very well be argued that the statute did not start to write and tell he got out of prison and had failed to pay you the monies required. At least that's the start of the basis upon which I would use my imagination trying get you money. You have an uphill battle in the situation if he has no assets. Yes, his plea bargain minimally usual right to a judgment against him would add $15,000, but that's bubkiss, minimal. If you have a real live default judgment against him and that he has been filed with a specific court that judgment is good for ten years. If before the ten years expires you ask for an additional ten year period of time, the court will automatically grants you that. That means the judgment is good for 20 years. Hopefully though you can collect some of your money if not all of the within that 20 years. This is an intriguing case and because of that I would like to top with you about. I rarely if ever make that statement in this forum.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: quitclaim deeds

You should also consider the Uniform Fraudulent Transfer Act, Civil Code section 3934 et seq. Although in some cases there is a four-year limitation (3439.09), there may be hope as to when the civil "obligation was incurred" and also note the seven-year provision in (c).

The provision for tolling of the statute of limitations applies when the prospective plaintiff is incarcerated, not the prospective defendant; seems like it ought to be the other way around, or both ways, but unless there is case law, apparently it isn't. See Code of Civil Procedure section 352.1, but also 352.5.

I see from your ZIP code that apparently I commute through your home town. I can't afford to take on any more unpaid legal work than I'm already handling, but if you can provide me with some details maybe I could give you some additional advice based on a couple hours' reduced-fee work.