Judgment debtor fraudulently transferring assetes? Don’t file a new action, just levy the asset

File away these two “gold nuggets” for next time you enforce a judgment, courtesy of judgment-enforcement specialist Joseph Chora:

1. If the debtor is transferring assets to third parties, sure, you could file a fraudulent-transfer complaint. But why? You can simply levy on the transferred asset. Not only is this faster and cheaper, but it puts the burden of proof on the debtor and transferee to prove the transfer was valid.
2. With a little research, attorneys can handle most aspects of judgment enforcement, but consider farming out these two tasks:(1) asset research—if you don’t know what you’re looking for, you’re likely to miss it.(2) collecting on real property—there are too many technical requirements likely to wrongfoot you if it’s your first rodeo.

Watch the clip here.

This is a clip from episode 46 of the California Appellate Law Podcast. Listen to the full episode here.

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.