![]() ![]() ![]() ![]() This is commonly known as fraudulent conveyance by a judgment debtor. In simple terms, it's unlawful to transfer or conceal property to avoid paying an award from a lawsuit. The closely related crime under Penal Code 155 applies to anyone who fraudulently transfers their property with an intent to avoid collection on a civil judgment against them. ![]() Their intent was to obstruct or delay creditors ability to be paid.Moved their property out of California, and.Gave away their property for free to someone else.Defendant was a debtor responsible for paying money to a creditor, but they.In order to be convicted of Penal Code 154, the prosecutor must be able to prove all the elements of the crime, beyond any reasonable doubt. In other words, in California, a “fraudulent conveyance” occurs when you sell, transfer, or give away your property with a specific intent to prevent creditors from taking it to pay off your debt. Definition of Penal Code 154 Fraudulent ConveyanceĬalifornia Penal Code 154 PC defines the criminal offense of fraudulent conveyance by a debtor:Įvery debtor who fraudulently removes their property out of California, or fraudulently sells, or conceals their property with intent to defraud, hinder or delay creditors their rights, could be sentenced to county jail for up to one year, a fine up to $1,000, or both.Ĭalifornia Penal Code 155 defines the criminal offense of fraudulent conveyance by judgment debtor:Īny person against who has a pending action, or against who has a judgment rendered for recovery of personal property, fraudulently conceals, sells, or disposes of property, with intent to hinder, delay, or defraud person who brought the action or recovering the judgment, or removes the property out of the county, could sentenced to county jail for up to one year, a fine up to $1,000, or both. To give our readers a better understanding of fraudulent conveyance laws, our criminal attorneys are providing an overview below. In this scenario, the defendant is in violation of PC 154 fraudulent conveyance because they transferred their property to a relative to avoid paying restitution. Next, the defendant transfers ownership of their home to a relative, but remains living there. Let's say somebody was ordered to pay $100,000 in restitution to a victim after being convicted of a crime, and it was changed to a civil judgment. When someone attempts to hide valuable possessions to prevent a lender from taking them, they can be charged under Penal Code 154. This most common property includes a home, cars, boats, jewelry, or other items of value. Typically, a defendant will transfer their property to another person to conceal it from creditors who will often attempt to obtain their property to pay their debt. These white collar crimes occur when anyone is attempting to avoid paying a large debt. The closely related California Penal Code 155 PC describes fraudulent conveyance by a judgment debtor. Penal Code 154 describes fraudulent conveyance by a debtor. In basic terms, if you are unable to pay your debts and attempt to avoid paying through fraudulent conveyances and property transfers, you could be face harsh penalties. The criminal offense “fraudulent conveyance” is defined under California Penal Code 154, which makes it a crime to give away or sell your property avoid a debt. Fraudulent Conveyance Laws – California Penal Code 154 ![]()
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