Legal Question in Civil Litigation in Hawaii

Re: Assets moved out of the United States

It all depends on the agreements that our country has with China and the Hong Kong administrative authorities in terms of attachment of assets. Foreign judgments, depending on the government, are sometimes enforceable in foreign courts. Additionally, the fact that the defendant still resides in the United States may facilitate a fraudulent conveyance claim. We'd be glad to look into this for you. Please contact us if you think our firm can help.

Re: Assets moved out of the United States

if your friend's debtor fraudulently moved all of his assets out of the country to avoid collection on the judgment, your friend may be able to pursue his/her claims abroad depending on the agreements/understanding our country has with hong kong on such matters, or your friend may be able to collect on the judgment right here in the US if the debtor at least owns some type of property or properties in the US that could satisfy the judgment amount. if you would like further assistance, email me with the specifics of what happened as well as if your friend resides in california or hawaii, ok.

Re: Assets moved out of the United States

Thanks for your posting.

Although you have received some advice already, I should add that for a judgment here in California, there is a "fraudulent transfer" statute that makes it possible to sue to undo the transfer of assets to Hong Kong, or order them paid from assets here, if it was done during or after litigation, or within one year before a judgment.

As Mr. Luti mentioned, there are treaties that allow for the service of documents, and collection of assets, within Hong Kong, from a U.S. Judgment. You will likely need both an attorney here, and one in Hong Kong, to effectively seize assets in that area.

I hope this helps, but I invite you to email me directly at [email protected], if you need more information or have other questions.

Re: Assets moved out of the United States

I respectfully disagree with my colleagues. I don't believe attempting to deal with treaties and China, regarding Fraudulent Transfers, is your point of first attack. The 9th Circuit - Anderson case (which involved a couple who moved their assets to a Foreign Asset Trust in the Cook Islands) says that the debtor can be held in contempt of court for the deliberate transfer of assets and that the debtor still has control over those monies. Basically, you cannot place assets beyond the jurisdiction of the US courts anymore. The California judgment can be domesticated here in Hawaii, action can be taken against the judgment debtor here in Hawaii, and the judgment debtor will be in contempt of court until the assets are returned to the US. I would ignore international law for now and act quickly domesticating the judgment in Hawaii and bringing action before the judgment debtor joins his assets in China. You can wade through the morass of red tape dealing with China and Interpol as a back up plan although using this means I fear you will never see your judgment. Feel free to contact me for more details 808-526-0892 or email me at [email protected]

Re: Assets moved out of the United States

Here's another opinion.

You can take steps to enforce your California judgment in Hawaii. You will need to have a judgment entered in Hawaii to do so. It is a relatively simply process to enter a sister-state judgment in Hawaii.

If the debtor has any assets, especially real property in Hawaii go and enforce against them.

You can also try the contempt angle referred to by our colleague in Hawaii, although your facts may not get you this relief.

Finally, you can try and get the Hong Kong courts to enter a judgment there, based upon your California judgment. I have a correspondent relationship with an attorney in Hong Kong, who may be able to help.

Feel free to contact me for discuss this matter further.