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Online Asset Protection Quiz.

Can a creditor seize my assets or prevent me from transferring my assets before they have a judgment?

Generally not. Litigants, who have yet to win a judgment, ordinarily cannot commence a fraudulent transfer claim or freeze your assets. This is a remedy for judgment creditors. Nor can a pre-judgment creditor usually attach assets or restrain a defendant's rights to transfer his assets – even if the planned transfer appears fraudulent. The plaintiff's remedy is to recover the asset as fraudulently transferred after the creditor wins his case. But there are exceptions when a court does allow a freeze order or attachment of a defendant's assets before the lawsuit is commenced. That's why delay in seeking protection is always dangerous.

The safest attitude is to assume that your assets can be frozen or attached at any time – and without advance notice. This again underscores the need for advance planning.

Categories: Asset Protection

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The Presser Law Firm, P.A. - Asset Protection Attorney
Located at 6199 N. Federal Highway Boca Raton, FL 33487. View Map
Phone: (561) 953-1050
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