Fraudulent Conveyance

Commerce Fraud Lawyer

Were you caught hiding assets in order to keep them from a creditor’s claim in the State of Georgia? Did you do so by transferring property to another party, making the asset beyond the creditor’s reach? If so, you’re probably facing charges of Fraudulent Conveyance, the crime of transferring assets to a family member or other party (such as a partner or other insider) in order to prevent creditors from laying a claim to it. A skilled Georgia fraud defense lawyer knows how to challenge the accusation.

Georgia’s Uniform Fraudulent Conveyances Act sets guidelines for determining fraud, ranging from value (the person transferring the asset must receive payment that reflects the true value), solvency, and intent. A Wilbanks Law Firm Commerce fraud lawyer vigorously defends clients accused of wrongdoing, knowing that such charges oftentimes come apart at the seams upon closer examination.

Atlanta Fraud Litigation Lawyer

Conversely, a metro Atlanta fraud litigation lawyer protects Georgia creditors seeking recovery, and in some cases, punitive damages, for a legitimate debt. Creditors who make a claim against a transferee (the person who took possession) under the Uniform Fraudulent Transfer Act (UFTA) ask the court to set aside the transfer and return the asset, even if the transferee was not a party to its original action of collection. This puts the title back in the original defendant’s name, returning it to consideration involving a judgement.

The law is open to challenges, though, and a Wilbanks Law Firm Georgia business lawyer makes full use of its numerous loopholes, including ambiguous language, valid lien, vague Statute of Limitations, and whether the transferee is deemed “good faith” or “bad faith” (one who knew the transfer was meant to deceive creditors). These ambiguities generally tend to favor creditors.

GA Fraudulent Conveyance Lawyer

Are you seeking recovery for damages, both from an original intent to lien and a resulting fraudulent conveyance? Identifying and pursuing all at-fault parties oftentimes becomes a very complex process. Contact a GA fraudulent conveyance lawyer at Wilbanks Law Firm in Commerce right away to avoid exceeding the Statute of Limitations.

Were you swept up in a Fraudulent Conveyance charge as an “insider”, relative, partner, or other individual with knowledge and/or aid in the fraudulent transfer? Generally, an insider is one who controls 20% or more of the debtor’s assets. UFTA guidelines require that certain standards are met when determining insider wrong-doing. You may very well be named, along with the transferor, in a clawback suit as the transferee, so it’s important to hire a skilled Georgia civil litigation lawyer who is well-versed in all nuances of Georgia fraudulent conveyance law.

Whether pursuing or defending against a Georgia fraudulent conveyance claim, a Commerce litigation attorney at Wilbanks Law Firm draws on a solid history of successful recovery and settlement negotiation and litigation to deliver a finding that is favorable to you. Call today for a free evaluation.