#15
Enforcement & BankruptcyHigh Risk
After the judgment takes effect, the other party transfers or hides assets
Evading Enforcement
Why It's Dangerous
Winning a judgment doesn't mean getting paid. If the judgment debtor transfers property into someone else's name or hides assets after the ruling, your judgment can become worthless paper. This conduct may constitute the crime of refusing to enforce a judgment or ruling.
Typical Scenario
After winning and applying for enforcement, a client discovered the other party had already transferred their real estate to relatives and drained their bank account to zero. The court issued a consumption-restriction order, but the debtor kept spending through other people's accounts, with no real impact on their lifestyle.
* This scenario is illustrative, based on common patterns observed in legal disputes.
What To Do
1
Apply for enforcement as soon as you win, without giving the other side time to move assets2
You can apply for property preservation as early as the litigation stage3
Provide the court with leads on the other party's enforceable assets4
If the other side has the means but refuses to comply, you can pursue criminal liabilityHave you experienced this?