Hidden assets in Asia

[demingo]

What is the name of your state (only U.S. law)? Florida

I posted the following discussion a few days ago at the link https://forum.freeadvice.com/debt-collections-84/money-moved-asia-624744.html#post3411273 and received excellent responses from this forum members and I thank them for sharing their expertise:

“I live in Tampa, FL. I am a judgement creditor. The debtor transferred most of his money to India a few months (less than a year) prior to the Judgment. Except some small joint property with her husband, the debtor has no money here in the US. What do I need to do and what are my chances of recovering that money? Can I file a criminal complaint on her? Any relevant information is helpful.”

I noticed that the debtor has some land in India but she did not disclose it in the debtor exam. How to locate it?

Once I locate it somehow, do I need to bring a letter from the India government or India court showing that she has properties in India and submit that evidence to Florida court, to prove that she committed a perjury? Still she may refuse saying that she forgot about that Indian properties.

How to claim that land in India?

I have evidence (and she did not dispute) that she gave a small portion of her property to her husband but he spent it and he has no job or income. Can I put a claim on their tenants by entirety property they jointly own? I heard that unless this lawsuit is on this couple (which is not), I cannot touch tenants by entirety, even if I include her husband as a defendant in supplementary proceedings. Please let me know if this is correct.

 

[Zigner]

This forum is for US law only. Your questions about property in India will need to be answered by folks versed in Indian law.

 

[demingo]

Thanks for your answer.

Still the following two queries may be relevant to the US law:

Once I locate the Indian property somehow, what do I need to produce (from India) to Florida court to prove that she committed a perjury?

I have evidence (and she did not dispute) that she gave a small portion of her property to her husband (he lives in the USA and has nothing to do with India) but he spent it in the USA and he has no job or income. Can I put a claim on their tenants by entirety property they jointly own? I heard that unless this lawsuit is on this couple (which is not), I cannot touch tenants by entirety, even if I include her husband as a defendant in supplementary proceedings. Please let me know if this is correct.

 

[Zigner]

Thanks for your answer.

Still the following two queries may be relevant to the US law:

Once I locate the Indian property somehow, what do I need to produce (from India) to Florida court to prove that she committed a perjury?

To what end?

 

[demingo]

Thank you.

to the end of proving that she committed a perjury.

 

[Zigner]

Thank you.

to the end of proving that she committed a perjury.

What do you hope to accomplish by proving that she committed perjury?

 

[demingo]

Thanks.

I hope you know the answer: if a person is killed, his parents go for justice against the killer although they knew that the dead person will not come back any way. In the same sense I am doing to deter such future activities and to make the society little more better. That is the main purpose of perjury.

 

[Zigner]

Thanks.

I hope you know the answer.

Are you being deliberately obtuse? Why is it so important to you to prove that the other person was less than truthful? Do you think it's going to help you collect? It's not. Do you think they're going to throw her in jail? The chances of that happening are slim, but even if they do, it's not going to get you money any faster...

So, again, what do you hope to accomplish by proving that the other party committed perjury?

 

[tranquility]

Once I locate the Indian property somehow, what do I need to produce (from India) to Florida court to prove that she committed a perjury?

Perjury is a crime. You don't prove anything in regards to a crime. The State must prove beyond a reasonable doubt a person intentionally lied on a material matter under oath to convict of a crime. And, while there certainly are perjury convictions in the U.S., it is usually used by prosecutors as a stick to entice a person for a plea deal on the crime they actually committed.

I assume you are talking about proving the person intentionally committed a fraud upon the court in order to get sanctions.

There, I have no idea how you could prove a person owned overseas property to a point where sanctions might be appropriate for a failure to disclose it to a court. I would think it easier to prove to an Indian court you have a valid judgment and collect on it than it would be to make such a proof in the U.S. for sanctions; even assuming the lack of disclosure IS a fraud upon the court. That you use the term "perjury" makes me think you have no idea.

I recommend a collections attorney. From this, you are swinging around in a dark room and hope you hit something.

I have evidence (and she did not dispute) that she gave a small portion of her property to her husband (he lives in the USA and has nothing to do with India) but he spent it in the USA and he has no job or income. Can I put a claim on their tenants by entirety property they jointly own?

Tenants by entirety property has really good creditor protection. That you didn't just ask if you could attach it but added some facts that might tilt the balance is the first thing you have written that shows some sophistication. The answer is, I don't know. I suspect no one would "know" until a court decides. I suspect few (Experts in Florida collections law.) would have more than an educated opinion with access to all the facts. But, as a general matter of law appropriate at this forum, such titling is really good protection.

I heard that unless this lawsuit is on this couple (which is not), I cannot touch tenants by entirety, even if I include her husband as a defendant in supplementary proceedings. Please let me know if this is correct.

Ask a Florida collections attorney.

Look, you have a judgment. Yay you! It is often said collecting a judgment is harder than getting one. It is not always the case, but often is. When the other side is intelligently protecting assets with obvious legal assistance? That makes things harder still.

I know you want to send a letter and get a response and throw that response on the judge's desk and bask in the righteous opprobrium of Justice's sword coming down on the neck of the person who owes you money. I must plead with you to accept the fact it is not going to happen. While the court(s) will help you in that they will enforce what you properly demand, they are not going to do your job.

YOU'VE got to find the judgment debtor's assets. YOU must determine if that asset can be collected against. YOU must go through proper civil procedure to collect it. The only person who will help you is an attorney you pay. I suggest you hire one.

 

[demingo]

Thank you Zigner. I am sorry for my earlier answer (which i removed), apologize!

tranquility: Many thanks for your very detailed answer. Yes, it was due to my lack of knowledge and “sanctions” is the proper word I must use.

About TBE: I just read statuette 56.29(5), which says “…The court may order any property of the judgment debtor, not exempt from execution,..”. Therefore TBE is completely exempted.

726.108 (b) says “An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with applicable law;”.
However, the TBE property is not just the property of the transferee therefore, again, it seems TBE is protected.

However 726.108(C) says “…of the asset transferred or of other property;”.
This is giving some hope that TBE may be attached.

I am not sure if 56.29 supersedes 726 or vice-versa in this matter. If anyone has any idea on this matter, please share.

A last question is, if the debtor says (under oath) that she has no property in India and once I prove that she has it, then if she says that she forgot when she was answering under oath then how the Court treats that “forgot” or “memory loss” excuse for giving false information? what kind of punishment the court provides in general?

 

[demingo]

Could anyone comment on my last two queries?

 

[LdiJ]

Could anyone comment on my last two queries?

Honestly, no one is commenting because what you want to do is truly pointless, and we do not want to enable you.

 

[demingo]

Thanks for the response and I appreciate.