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demingo

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

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.
 
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tranquility

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

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.
Google something like "domesticating foreign judgment india" (Without the quotes.) to see the difficulties of reaching the foreign assets.

It is not illegal to move one's money overseas as a general rule.
 

demingo

Junior Member
I appreciate your information. I searched the internet and got an idea how much difficult it is to handle these things in India.

The debtor is from India and is now a US citizen. Based on the information I received from some trusted 3rd party sources, the debtor moved the money on the name of her friends in India who, it seems, already withdrew the funds and gave that cash to the Debtor’s relatives in India. Because, all these transfers happened 1 year prior to the judgement (or for any other reason), does the US Court (where I got the judgement in Florida, US) will help me in any manner to get these funds back in the same way the courts initiate some actions on their own? Kindly suggest me.
 
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tranquility

Senior Member
I appreciate your information. I searched the internet and got an idea how much difficult it is to handle these things in India.

The debtor is from India and is now a US citizen. Based on the information I received from some trusted 3rd party sources, the debtor moved the money on the name of her friends in India who, it seems, already withdrew the funds and gave that cash to the Debtor’s relatives in India. Because, all these transfers happened 1 year prior to the judgement (or for any other reason), does the US Court (where I got the judgement in Florida, US) will help me in any manner to get these funds back in the same way the courts initiate some actions on their own? Kindly suggest me.
You are responsible for your collections. The court will not "help" you in the way it seems you want. There have been some cases where the judgment debtor have been held in contempt. If you seek that remedy, you will need an attorney with access to all the facts to have a chance.
 

demingo

Junior Member
I appreciate again. Could you provide links to such cases where the debtor have been held in contempt? I searched some links and they simply say that the contempt will occur only if the debtor did not appear for examination (or refusing to reveal her financial details under oath) or for failing to submit the fact sheet, etc., but not for transferring the assets (unless there is an injunction on such transfer by the time that transfer took place). See for example, what will happen if the debtor have been held contempt?
 

tranquility

Senior Member
I appreciate again. Could you provide links to such cases where the debtor have been held in contempt? I searched some links and they simply say that the contempt will occur only if the debtor did not appear for examination (or refusing to reveal her financial details under oath) or for failing to submit the fact sheet, etc., but not for transferring the assets (unless there is an injunction on such transfer by the time that transfer took place). See for example, what will happen if the debtor have been held contempt?
I agree with what you've read. While the transfer of assets for less than value may result in something related to contempt, just making them harder to reach does not as a general rule. I only use "general rule" to protect against some weird fact situation that does not seem the case here.
 

demingo

Junior Member
Appreciate again!

Even if she transfers the assets for less than value (that is what she has done now: she did not get anything in return from India) still she will not be held contempt it seems, based on what I read. She said that she sent money to India to pay salaries of the workers who is taking care of her parents in India.


Any information on this matter is helpful.
 

tranquility

Senior Member
Appreciate again!

Even if she transfers the assets for less than value (that is what she has done now: she did not get anything in return from India) still she will not be held contempt it seems, based on what I read. She said that she sent money to India to pay salaries of the workers who is taking care of her parents in India.


Any information on this matter is helpful.
I understand you want your money. I also understand you would prefer to have help collecting it. Realistically, BOTH the attempt to collect from an Indian court AND the attempt to get the debtor for contempt will need an attorney. At the very least, you don't have a keen sense of the meaning of legal jargon.

If "she" transfers the money to India to pay for the salaries of workers, with nothing coming back, you have two problems. The first is that such a thing is not a transfer without value. If the amount paid was not outrageous as compared to what a reasonable payment would be for that service would be, she got value. A transfer without value gets to things like selling your house (owned free and clear) for a dollar. Fair payment for fair service is not that.

You also have the problem from your words that that money is gone. EVEN IF the transfer was illegal (I think not.) and EVEN IF the court were to demand it back (Again, not.), I don't see how you could get it from the service providers in this situation. Even in bankruptcy, the court does not have a rightful owner disgorge the money, it denies debt relief. From a rightfully paid person in a foreign country? We better be talking about collectible millions where a team of attorneys can work on it.

That you keep ignoring the admonition to get an attorney, I suspect you don't have one and don't intend to get one. I don't know the amount of the judgment. If it is large enough and the facts indicate it is collectible enough, you might get a collections attorney to help you on contingency. With no knowledge, I bet the judgment is neither large enough nor is is collectible enough. You have provided no facts in specific so admit that is just a gut feeling.

You are not getting the debtor put in jail. That there are some cases in some instances where a debtor is, really does not comport to the facts you've stated. Sorry. With an attorney, I don't think it will happen. On your own? Sakes alive, you are a dreamer, aren't you? Even if you were smart enough and even if you had the time for learning and research, absent government benefits that are reduced by work, you can find many less than minimum wage jobs out there that is a better use of your time. Unless, of course, you iconoclastically want to punish the debtor with retribution rather than compensation. If so, it is always nice to have a hobby.
 

demingo

Junior Member
I appreciate your detailed response.

Could you explain the meaning of the word “illegal” that you used in the sentence “EVEN IF the transfer was illegal…”? What makes that money transfer illegal?

She transferred around $70,000 to India, which is too much, by Indian standard, to pay to workers taking care of parents.

Hypothetically, if I somehow legally prove that $70,000 was way too much to pay salaries, what legal action can I take on her?

About contempt, I read that, except for alimony and domestic support obligations (my case is not related to this) OR failure to collect her own assets to pay the creditor as ordered by the court (she has no assets, she has a small land or so which is worth 15000 or less but that is jointly owned by tenants by entirety with her husband and there is no way of getting that too) OR failing to appear for examination (she did appear) OR failure to follow any other order (no orders are pending, except the final Judgment from the court asking her to pay money), there is no way of contempt.

Can you provide information on what other situations (except those I mentioned earlier) will create contempt?

By the way, she withdrew $30,000 cash from Florida bank over a period of 3 months and is now saying that she lost that money when she kept it in her rental house. She filed a police case alleging burglary. Can I do ANYTHING on this $30,000?

I already lost a lot of money on this case and wish to do some reasonable research rather than spending money with attorneys again (this forum looks very useful!)
 

demingo

Junior Member
I once more appreciate your answer.

I already spent a lot of money on this case and hesitant to spend money with attorney unless there is some hope of getting my money or, at least, the debtor face some criminal or contempt charges (which will help other similar people to learn a lesson). Kindly let me know your feedback on the following question, which will help me to decide my next step meeting an attorney (this will be my last question)

She withdrew $30,000 cash from Florida bank and is now saying that she lost that money when she kept it in her rental house. She filed a police case alleging burglary. Once I initiate supplementary proceedings (or file a fresh lawsuit for recovery in a federal court) AND if the court does not buy her story, can the court put her behind bars or held her on court contempt.
 

LdiJ

Senior Member
I once more appreciate your answer.

I already spent a lot of money on this case and hesitant to spend money with attorney unless there is some hope of getting my money or, at least, the debtor face some criminal or contempt charges (which will help other similar people to learn a lesson). Kindly let me know your feedback on the following question, which will help me to decide my next step meeting an attorney (this will be my last question)

She withdrew $30,000 cash from Florida bank and is now saying that she lost that money when she kept it in her rental house. She filed a police case alleging burglary. Once I initiate supplementary proceedings (or file a fresh lawsuit for recovery in a federal court) AND if the court does not buy her story, can the court put her behind bars or held her on court contempt.
Again, she is NOT going to jail so you simply need to stop asking that question. She might be held in contempt but that isn't going to have any teeth.
 

demingo

Junior Member
I appreciate and also sorry for repeating part of my question earlier.


As a consequence to your answer, if a debtor simply withdrew cash and allege that it was stolen or lost (and even file police case alleging theft), can the court order the debtor to bring that cash back? If the debtor fails to bring back the cash, what action the court can take on that debtor for court contempt?
 

LdiJ

Senior Member
I appreciate and also sorry for repeating part of my question earlier.


As a consequence to your answer, if a debtor simply withdrew cash and allege that it was stolen or lost (and even file police case alleging theft), can the court order the debtor to bring that cash back? If the debtor fails to bring back the cash, what action the court can take on that debtor for court contempt?
No, a court cannot force a debtor to "bring back" money that has been stolen from them. I realize that you REALLY want the court to help you collect your judgment, but it just is not going to happen.
 

demingo

Junior Member
I appreciate your definite answer "No". Therefore, unless there are any other comments, I prefer to keep quite than initiating an action on her for recovery.
 

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