Legal Question in Real Estate Law in Florida

my defendant in an upcoming small claim suit has since transfered her share of businesses and real estate to her husband and brother, respectively. other than her job, in hopes of winning and garnishing wages, what can i do? she was the owner at the time of the water causing damage. is it legal to transfer assets to avoid leins?


Asked on 1/02/11, 5:04 am

3 Answers from Attorneys
Richard Kaplan

It sounds like a fraudulent conveyance.

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Answered on 1/07/11, 5:11 am
Shelly Schellenberg MI & FL private practice

If you win your case, you will get a judgment. Then you can file to garnish her wages. This may be faster than filing a lien against the property and waiting until it is sold.

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Answered on 1/07/11, 5:18 am
David Slater David P. Slater, Esq.

A conveyance of assets making someone insolvent in anticipation of judgment can be set aside as a fraudulent conveyance.

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Answered on 1/09/11, 8:34 am


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