I have a superior court judgment for a civil case and the defendant changed his banks accounts to prohibit me from garnishing his bank accounts. In the interim I have placed a lien on his real estate property in-state and am aware of an out of state property that he owns however he change the property owner name to jeffrey family trust. Can i still place a lien in his name if the property is in his family trust name as opposed to his full name?
If you placed the lien on the real estate before the transfer into the trust, the lien has already attached.
However, what you have described could be a violation of the "Fraudulent Transfers Act" which prohibits taking steps to avoid paying debt by changing the name on assets.
I would urge you to consult with an attorney to discuss whether the defendant has indeed violated this law and would be responsible for additional damages to you.
Hope this perspective helps!
I agree with the previous answer and you should look at RCW 19.40 and all of chapter 6. This debtor sounds like a good candidate for supplemental proceedings.
This is just some generic information for creditors.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets his or her hands on the money, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issues is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can also turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
I may not practice in your jurisdiction and you should talk with agencies and lawyers in the debtor’s area.
Good Luck and follow the FDPCA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
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