Action to Enforce Judgements

The Law Offices of Bernard D’Orazio, P.C. engages in comprehensive post-judgment collection litigation and judgment enforcement. The options that we may consider to enforce a Judgment include:

• Discovery of and setting aside fraudulent conveyances;
• Commencing an action to “pierce the corporate veil” and impose personal liability on corporate insiders;
• Subpoena of books, records, and documents to locate assets;
• Imposing levies on real or personal property;
• Restraint of bank and other accounts; and
• Wage garnishments, repossessions, and replevin proceedings;

We develop customized and creative judgment enforcement plans to meet the needs of our clients.

Fraudulent Conveyance Litigation and Actions “To Pierce the Corporate Veil”

A fraudulent conveyance is a transfer or obligation made or incurred by a debtor for little or no consideration and with actual or constructive intent to hinder, delay, or defraud a creditor. It is illegal for debtors to transfer title of their property to avoid paying their creditors or to become “judgment proof.” A court may, on a creditor’s petition, invalidate a fraudulent conveyance of assets or award other appropriate relief, including attorneys’ fees.

“Piercing the corporate veil" refers to an action to have a corporation set aside such that personal liability attaches and personal assets of corporate owners or other insiders can be reached to satisfy a corporate debt. If a corporation is believed to have inadequate assets to cover liabilities, a plaintiff may seek to prove that the corporation is actually a sham and ask that the court to “pierce the corporate veil.” Generally, in deciding whether the corporate veil should be pierced, courts will look at whether the corporation followed proper procedures and formalities, the degree of individual control that the principals maintained over the corporation, and whether the principals used the corporation to advance purely personal purposes.

For more information, please contact us to schedule an appointment or for a no-obligation review of your case.