QUESTION
Is it possible to ensure someone doesn’t take all their property out of their name when they find out about a lawsuit?
Asked on Aug 10th, 2013 on Personal Injury - Michigan
14 ANSWERS
Ronald A. Steinberg
No, but there is a legal way of setting aside the transactions since they were done to "hinder, defraud or delay a creditor."
Answered on Oct 14th, 2013 at 3:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Done all the time. you can sometimes set aside such a conveyance. But it involves a lot of lawyering. See a good lawyer.
Answered on Aug 14th, 2013 at 2:01 PM
Yes, it is possible someone would do so, but if you obtain a judgement that comes back unsatisfied you would then pursue a transfer in anticipation of a judgment which could nullify all such transfers.
Answered on Aug 14th, 2013 at 2:01 PM
There are laws to prevent against that practice, which is called a fraudulent transfer.
Answered on Aug 14th, 2013 at 2:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Doubtful. You can try to get an injunction, but the standards are very strict and judges don't like issuing them.
Answered on Aug 14th, 2013 at 2:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, but if they transfer property out of their name after the lawsuit is filed, it can be considered a fraudulent transfer by the Court after you get a judgment.
Answered on Aug 14th, 2013 at 10:41 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Generally, there is no way to stop someone from taking property out of his/her name when a lawsuit is filed because it is his/her property dispose of as he/she pleases. There are limited circumstances where you can ask the court to attach property. Also, if the suit involves title to real estate, you can file a Lis Pendens. Once a Lis Pendens is filed, if anyone who aquires title to the Real Estate, that person's title is subject to and subordinate to your lawsuit. Even though you normally cannot prevent an individual from transferring property while a suit is pending, If you can later show the court that the property was transferred to avoid the judgment, the court can ignore the transfer and attach it. Lf they put it in someone else's name for no consideration (ie., as a gift rather than a sale), the court could infer that the purpose was to avoid the judgment.
Answered on Aug 13th, 2013 at 9:39 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Not directly, no. However, if you file a lawsuit involving real property, it might be possible to prevent that property from being sold or transferred into another name.
Answered on Aug 13th, 2013 at 9:38 PM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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You may file for a Writ of Attachment within the law suit you have filed. If the judge agrees that there is a strong possibility that you will prevail in your suit, and that there is a possibility that the property may be sold, then he will issue the writ that stops the property to be sold or change hands.
Answered on Aug 13th, 2013 at 9:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it is not possible unless you can show the court that the defendant is secreting assets. On the other hand, if he or she tries to hide assets, you may be able to recover them as a fraudulent conveyance.
Answered on Aug 13th, 2013 at 9:35 PM
Thomas Edward Gates
If one prevails with a judgment, the court can request an accounting to see when the property was transferred. The court can void the transfers.
Answered on Aug 13th, 2013 at 9:34 PM
James Eugene Hasser
You can't do much about it until after you get the judgment in post-judgment collection proceedings. Then, there are a variety of different things that can be done, but they are kind of technical and I'd recommend you get a collection lawyer to help you.
Answered on Aug 13th, 2013 at 9:31 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If someone transfers away property to protect it from existing claims, that is a fraudulent transfer and can be undone under state or federal law. If you can prove that someone is about to transfer away specific property to hinder creditors, you can file a court action to 'attach' his property. You may have to put a bond to indemnify the other part against losses caused by the 'attachment,' if you ultimately lose.
Answered on Aug 13th, 2013 at 9:27 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You could see if the Judge will agree to a Temporary Restraining Order or Status Quo Order (usually the Judge will in a divorce case, unlikely to do so in a PI case, and maybe will do so in a business/property case depending on the facts).
Answered on Aug 13th, 2013 at 4:46 PM