View Full Version : Fraudulent Conveyance how to prove it

Feb 20, 2011, 05:02 AM
I have won a judgment for $5,500.00 from my ex for lawyers fees I paid for him. I have asked for a means inquiry. He is in prison but I have reason to believe that the money is in his prison bank account. He has been there for the past 7 years and me as well as two other people have deposited money into the account. I have asked on the summons that he bring all records of all bank accounts in his name in jail and all transaction details back to the time I first filed the suit against him. I have also asked for all property in his name from the property department in the prison. ( I know it sounds harsh suing someone in jail but if the money is there like sources have told me it is the best time to get it as he can't spend it without there being a paper trail and it is easier to serve documents on him as he can't run away from them)
I am worried that he may try to transfer the money to a close friend or relative to avoid paying. Do you think if he does I have enough badges of fraud to prove fraudulent conveyance and how do I call it in court as I have to be my own lawyer. There will be a paper trail. And it would leave him without money to pay the debt after he was notified of the court action. Sorry it is so long and winded

Feb 20, 2011, 07:59 AM

In the US once he is served with papers for financial disclosure he is "forbidden" from transferring assets.

Yes, there would be a paper trail - if you can find it.

I don't know what you mean by "badges of fraud."

Feb 20, 2011, 08:44 AM
This is in Perth Western Australia.
Thank you for the information of it being forbidden after being served with papers for financial disclosure.
On a website I looked up for fraudulent conveyance to be proven certain criteria must be met e.g.. Money transferred to close relatives. This is what the site called " badges of fraud"
It sounds like if it is forbidden after papers are served for financial disclosure I would have no trouble proving it.
I have served him with papers and asked that he bring all bank account details in his name in jail plus all transaction details from his bank accounts back to the time litigation was first filed. This is the paper trail I am talking about so I am unsure why you state "if I can find it " I thought I already had.
Again thanks for the reply. I hope it is the same in Western Australia as in the US

Feb 20, 2011, 08:48 AM
Had no idea where you were and, yes, fingers crossed that it's the same or similar in Australia.

Feb 20, 2011, 08:58 AM
This is in Perth Western Australia.
Thankyou for the information of it being forbidden after being served with papers for financial disclosure.Hello T:

It's "forbidden" in the US too. That doesn't mean people don't do it. If you don't include the institution in your proceedings, and FORCE them to seal his account, you may find his account empty. What would you do then? File criminal charges against him for fraud?? Yeah, that'll scare him..