Can clawback be used in debt collection?

[Hulu]

What is the name of your state? Utah

Can a clawback be used in debt collection if a massive amount of money was recently spent? Sort of like voiding the transaction but instead of returning the money to the buyer, having it send to judgement holder?

Thanks.

 

[adjusterjack]

Theoretically, yes, if it's a fraudulent transfer for the purpose of shielding the money from creditors.

The Utah Uniform Voidable Transactions Act will tell you all about it.

Utah Code Title 25, Chapter 6 (2020) - Uniform Voidable Transactions Act :: 2020 Utah Code :: US Codes and Statutes :: US Law :: Justia

Understand, thought, that because a large amount of money was "spent" doesn't necessarily make it a fraudulent transfer.

 

[Hulu]

Theoretically, yes, if it's a fraudulent transfer for the purpose of shielding the money from creditors.

The Utah Uniform Voidable Transactions Act will tell you all about it.

Utah Code Title 25, Chapter 6 (2020) - Uniform Voidable Transactions Act :: 2020 Utah Code :: US Codes and Statutes :: US Law :: Justia

Understand, thought, that because a large amount of money was "spent" doesn't necessarily make it a fraudulent transfer.

I'm not sure if it was done to shield money from creditors but I do know that he has refused to show up for the post judgement debtor's exam and is actively trying to hide his assets.

The amount he spent is uncharacteristic for the way he does business. This guy works out of a starbucks using their wifi, virtual offices and UPS store. His company is registered by these fly by night places, only has 1 employee(himself) but he spends all his money ($30K) on some cloud based software probably design for big companies.

That is very expensive software for a guy with only himself as an employee. I am trying to determine is clawback might work with this.

Thanks .

 

[Zigner]

No. There is no way that your guesses at his intent will rise to anywhere near the burden of proof that you must sustain for a successful claim.

 

[Zigner]

I'm not sure if it was done to shield money from creditors but I do know that he has refused to show up for the post judgement debtor's exam and is actively trying to hide his assets.

The amount he spent is uncharacteristic for the way he does business. This guy works out of a starbucks using their wifi, virtual offices and UPS store. His company is registered by these fly by night places, only has 1 employee(himself) but he spends all his money ($30K) on some cloud based software probably design for big companies.

That is very expensive software for a guy with only himself as an employee. I am trying to determine is clawback might work with this.

Thanks .

So, tell me this...if you have no idea of his assets, etc. (because he didn't show up at the exam), then how do you know what his software cost in the first place?

 

[zddoodah]

Can a clawback be used in debt collection if a massive amount of money was recently spent?

Maybe. Depends on the relevant facts and circumstances.

I'm not sure if it was done to shield money from creditors

What is the antecedent of "it"?

How much is your judgment for?

 

[quincy]

Please read all of the other threads Hulu has started on this same judgment collection. He has been advised several times to seek out local assistance.

 

[quincy]

Here is a link to one thread that has links to three of Hulu’s other threads:
https://forum.freeadvice.com/threads/writ-of-execution-for-an-entire-company.662076/

There are two additional threads that came after the one linked to above - and then there is this thread.

Seven threads total, in other words, on Hulu’s attempts to locate his judgment-debtor’s assets.

 

[Zigner]

@Hulu - how much is the judgment for?

 

[quincy]

@Hulu - how much is the judgment for?

That was answered in another thread. $50,000+/-.

 

[Zigner]

That was answered in another thread. $50,000+/-.

That's a great example of why one should keep related questions in a single thread.

 

[quincy]

That's a great example of why one should keep related questions in a single thread.

Or at least in less than 7 threads.

 

[Hulu]

No. There is no way that your guesses at his intent will rise to anywhere near the burden of proof that you must sustain for a successful claim.

Like a cop's guesses ( oops, I mean estimation) as to my speed or window tint in which case I will be guilty until proven innocent.

Even know cops have pulled people over for speeding who was playing loud engine sounds on the car's radio speakers and traveling at like 5 mph.

Very inconstant as to the rules.

 

[Hulu]

That's a great example of why one should keep related questions in a single thread.

The thread with an unrelated subject line that is closed to post anything? Explain how to post there and I will.

You want traffic question about window tint in the same threat as corporate hostile take over. Completely unrelated but ok if that is what you want.

 

[quincy]

Like a cop's guesses ( oops, I mean estimation) as to my speed or window tint in which case I will be guilty until proven innocent.

Even know cops have pulled people over for speeding who was playing loud engine sounds on the car's radio speakers and traveling at like 5 mph.

Very inconstant as to the rules.

Civil litigation is different from criminal prosecution - but guesses are not really part or proof of either.

Your window tint thread is still open, isn’t it? Or did the moderator lock it because your question was answered as completely as it could be answered?