Post-Judgment Litigation and Proceedings
Actions and Proceedings to Enforce Judgments
Bernard D’Orazio & Associates, P.C. engages in comprehensive post-judgment collection litigation and judgment enforcement actions. The options that we may consider to enforce a Judgment include:
- Discovery of and setting aside fraudulent conveyances and fraudulent transfers;
- Commencing proceedings to “pierce the corporate veil,” hold parties liable as successors-in-interest to a judgment debtor, and impose personal liability on corporate insiders;
- Subpoenas and depositions of judgment debtors and other witnesses to obtain testimony and documents regarding the assets and financial affairs of judgment debtors;
- Executing on and selling real and personal property;
- Restraining bank and other financial accounts; and
- Wage garnishments, installment payment orders, and “turnover” 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 or fraudulent transfer is a transfer of assets 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 property to avoid paying their creditors or to try to make themselves “judgment proof.” A court may, on a creditor’s application, invalidate a fraudulent conveyance or fraudulent transfer of assets and award other appropriate relief, including attorneys’ fees.
“Piercing the corporate veil" refers to an action to have a corporation’s legal form 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 has been operated improperly, is a sham, and ask that the court “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.