Legal Question in Civil Litigation in Virginia
loser in arbitration hiding assets
We participated in binding arbitration and won a substantial award ($200,000 +) for breach of contract and violations of the Consumer Protection Act.
Contractor's lawyer is preventing entry of judgment in the circuit court and we have evidence that the contractor has moved assets out of the company - to another of his businesses.
Is it legal for him to do that? Can we do anything to prevent dissipation of the assets?
2 Answers from Attorneys
Re: loser in arbitration hiding assets
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RESPONSE:
If the contractor is hiding assets in an attempt to keep them away from you, then NO, it is not legal and you can and should take immediate action to stop it. This forum won't be able to give you sufficient information to move forward; you will need a lawyer for something like this. Basically, the contractor will have committed a "fraudulent conveyance" if the following are present: (i) the conveyance of assets to another, (ii) with the intent to hinder, delay or defraud (iii) a creditor, purchaser, or other person (iv) from what they are or may be lawfully entitled to. Sounds like your situation.
Note that to fall within the ambit of the fraudulent-conveyance statute, the purpose of the grantor must be fraudulent and the grantee must have notice of such fraudulent intent. Again, it sounds to me like this is the case.
Re: loser in arbitration hiding assets
It is probably not legal, and can be undone by way of a fraudulent conveyance suit. If the arbitration was valid, there should be no way for them to block entry of judgment - I assume you have a lawyer handling this for you.