florida fraudulent transfers

September 14, 2013September 10, 2018

Miami Fraud Lawyer

Miami Florida Fraud Help

Russell Law and Patrick Russell, Esq., a Miami Fraud Lawyer, can assist you with your Florida fraud case. We will analyze the position and conduct of the parties, and conduct background investigations to protect your interests. As needed, Russell Law will pursue State administrative remedies with the Florida Department of Professional Regulation, Florida Department of Insurance, and the Florida Department of State. If warranted, we can assist you in preparing your case to present to the State Attorney’s Office if a criminal complaint is desired. A Miami Fraud Lawyer will seek all statutory remedies in addition to the actual damages including treble damages where applicable.

Florida Fraud Law Defined

Fraud involves claims of dishonesty or deceit. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon demand. With proper notice, you are entitled to treble damages for the value of the property if it is not timely returned.

Florida misrepresentation is the making of a false statement of fact with the intention to induce another party to act. Claims for misrepresentation normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

Florida Fraudulent transfers occur when a debtor transfers assets or income to another party as a means to avoid paying creditors after a judgment has been obtained against the debtor. Under Florida law, transfers made during a certain time prior to the entry of a final judgment are presumed to be fraudulent and if proven to be, can be set aside by the creditor.

Finally, with the advancement of digital technology and online information, Florida identity theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves.

Relief for a fraud claim or identify theft will normally require the services of a lawyer. Most persons engaging in fraudulent schemes will not acknowledge their offense nor voluntarily cure the problem without Court intervention. Certain notice requirements must be complied with before you can assert a proper fraud or civil theft claim in Court. Failure to comply with the notice requirements can doom your case before you begin. Additionally, you should immediately begin an investigation into the background and assets of the perpetrator of fraud to maximize your chances for recovery.

Miami Fraud Lawyer Benefits

Russell Law and a Florida Fraud Lawyer will assist you in making your claim for fraud. This office will file a lawsuit on your behalf for claims of fraud or civil theft. Additionally, Patrick Russell, Esq., will help you to clear your good name and credit when your identity has been hijacked and stolen. Russell Law will work closely with your creditors, banks, and credit card companies to eliminate all fraudulent charges.

September 14, 2013September 10, 2018

Florida Fraudulent Transfer

Florida Fraudulent Transfer Defined

A Florida fraudulent transfer occurs in the context of ongoing litigation or the collection of a final judgment. In order to avoid paying creditors or the final judgment, a debtor will often attempt to hide income or assets. Ways a debtor will attempt to hide assets includes the transfer of property to family members so that it is no longer technically in the debtor’s name. Similarly, a debtor may attempt to transfer property to a corporation that the debtor actually owns or controls. The same game is played with income or monies that are owed to the debtor. In other words, the debtor instructs the paying party to pay a family member or a corporation instead of the debtor.

Under Florida law, a debtor’s attempt to transfer property or income so as to avoid paying creditors can be avoided. All such transfers when done within a certain period of time are presumed to be fraudulent. Once identified as being fraudulent, it is the burden of the debtor to prove to the court that the transfers are not fraudulent and were not taken to avoid payment to creditors. The debtor’s failure to prove that the transfers were not fraudulent entitles the creditor to have the transfers set aside and returned to the debtor so the creditor may levy upon the property. A creditor may also seek to levy and garnish upon the property or income directly or even have a receiver appointed to catalog the property.

Florida Fraudulent Transfer Help and Benefits

Most creditors may find that obtaining a final judgment against a debtor is actually the easy part. Collecting and enforcing that final judgment so the creditor is actually paid is often the most difficult task for a creditor. Russell Law can assist you in this complex, difficult and tedious process. As you can imagine, debtors at this stage are less than helpful and rarely forthcoming about their assets and income. We can begin the process by conducting a thorough investigation of the debtors income, assets and bank accounts. Thereafter, our law firm will conduct formal discovery in the case to obtain documents, deeds, titles, and bank statements from the debtor. Russell Law will take all appropriate action with the Court to compel the debtor to produce all of their asset and income documentation as required by law. Patrick Russell, Esq., will analyze all of this data and if necessary, schedule a deposition of the debtor to ascertain if any suspicious transactions are actually fraudulent transfers. Our firm will file necessary papers with the Court to protect your rights if fraudulent transfers are identified and seek to have those transactions set aside so you can collect what is owed to you.

September 14, 2013September 10, 2018

Florida Fraud Law

Florida Fraud Law Defined

Fraud claims are simply cases involving dishonesty and deceit. Fraud claims come in many forms and flavors. For instance, misrepresentation involves the intentional act of making a false statement of fact with the intention to induce another party to change their position (i.e. pay money or give up an article or good). Florida misrepresentation cases normally occur during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).

Another common form of fraud involves civil theft. Florida Civil theft is when one party intentionally deprives another party from the rightful use or possession of property. In other words, the taking of another person’s property and refusing to return that property upon proper demand.

Finally, with the advancement of digital technology and online information, Florida Identity Theft claims are now on the rise. By means of securing otherwise private and confidential information from you, identity thieves are able to obtain and open credit cards and loans in your name. After the damage has been done, the creditors, stores, and merchants seek to hold you responsible for the charges made by the identity thieves.

Florida Fraud Law Resources

Helpful legal resources for Florida Fraud Law include Fraud Law Research which contains several articles on topics involving fraud and Florida Fraud Law Statutes which contains several links to Florida laws that are relevant to fraud claims in the State of Florida.

September 14, 2013September 10, 2018

Florida Debt Collection Statutes

Relevant Florida Statutes for Florida Debt Collection are below. Clicking on a link below will open up a new window or tab in your browser. This site will remain open for you to return to simply by clicking on its open window or tab.

Federal Fair Debt Collection Practices Act

Florida Worthless Check Statute

Florida Commercial Collection Practices

Florida Consumer Collection Practices

Florida Fraudulent Transfers Statute

November 14, 2012

Venue for Fraudulent Transfer Claims

In Bedwell v. Rucks, 37 Fla. L. Weekly D2551a (Fla. 4DCA 2012), the Florida Fourth District Court of Appeal had to determine the proper location for lawsuit involving a fraudulent transfer claim. The Plaintiffs in this case originally brought a professional malpractice claim against an accounting firm. Thereafter the Plaintiffs brought a second claim for fraudulent transfers against the individual accountants of that accounting firm after it closed on the basis that the accountants acquired assets from their former employer. The Plaintiffs were seeking to protect their rights for collection in the event they prevailed in their malpractice claim.

Pursuant to Florida law, a fraudulent transfer takes place when a debtor transfers an asset to another party to avoid the collection or payment of a debt. Fraudulent transfers commonly occur during a lawsuit or immediately after a final judgment is entered against a debtor. Typically, the debtor will move assets to other companies, friends or family members so there is nothing left for the creditor to collect. The enforcement of Florida judgments is often like the peeling of an onion as one must go through many layers in order to find collectible assets. Often, the collection of a Florida judgment will include the filing of a separate lawsuit for fraudulent transfers that would name those parties that came into possesion of assets, monies or accounts of the debtor.

Florida Venue

Venue for the purposes of a lawsuit is the proper county in which a claim may be filed. A lawsuit must be filed in a county in which there is some connection to the claim. In Florida, venue is proper in a county in which the Defendant resides or where the cause of action for the claim accrued. In this case, the Plaintiffs filed their fraudulent transfer action in the same county in which they filed the professional malpractice claim against the accounting firm. The Plaintiffs argued venue was proper in that same county since that is where the damages from the malpractice claim took place. The individual accountants objected to venue in that county in that they did not reside in that county and they claimed that transfers, if any, would have taken place in a different county. The Fourth District Court of Appeal agreed and held that for the purposes of a claim for fraudulent transfers, proper venue is the county in which the alleged fraudulent transfer took place.