Page 174 - Judgment Enforce Course

Judgment Enforcement – The Step-by-Step Course

Was the earlier transfer to my son fraudulent? Yes it was.

It’s not fraud “with intent to defraud” someone. But it’s still a kind of fraud against the
creditor. And, they can demand that the property go back into my name.

HOMEWORK
GO ONLINE AND LOOK UP “BADGES OF
FRAUD.” REREAD THE MAIN POINTS, SO THEY
ARE CLEAR IN YOUR MIND.

ALSO, LOOK UP YOUR STATE’S STATUTE OF
LIMITATIONS ON “FRAUDULENT TRANSFERS” .
USUALLY IT’S 4 YEARS FROM THE TRANSFER,
OR 4 YEARS FROM WHEN YOU SHOULD HAVE
LEARNED OF THE TRANSFER.
BUT CHECK OUT YOUR STATE’S RULE. IT’S
IMPORTANT TO KNOW.

Extrinsic Fraud and Intrinsic Fraud

I’ve never had a problem regarding these types of fraud, but you should be aware of what they
are. There’s more about this in a Forum lesson. Be sure to check it out as well.

Extrinsic Fraud: When something outside the
case results in an unjust outcome. Example:
the defendant or attorney has an auto accident
on the way to court, and can’t appear to
defend.

Intrinsic Fraud: When something inside the
case results in an unjust outcome. Example: It
is later shown that a witness lied, and the
court’s decision had relied on that falsehood.

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