How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience:  25 years experience practicing attorney
3396227
Type Your Criminal Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

I have a judgment against me, I didnt know it was breaking

Resolved Question:

I have a judgment against me, I didn't know it was breaking the law to sell property (car & Boat), what can I do if charges are filed against me for selling my property?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
What crime are you being charged with?

Was the judgment against the property you sold?

Customer: replied 2 years ago.

I have a judgment against me for a credit card debt for more than $20,000, the Sheriff came by with a notice on the date the notice expired to inform me he may want to take my Car and Boat that are in my name, although I remember the summons, I do not remember getting a exempt form or notification that I had the judgment aginst me, I have subsaquently transfered the title for both the car and the boat in other family members names after the sheriff's visit, now the Sheriff is telling me I broke the law and I will be contacted by others on wheather charges will be brought against me.

Again, I did not know a judgment was a lien on my property at the time I made the transfers, I know that now, but is there any thing I can do?

Thank you

Joan

Expert:  Dave Kennett replied 2 years ago.
Dear Joan - This is what is called a transfer to avoid creditors and the property can be recovered by the creditor. If you had not been served with a notice to attach the property I see no violation of any criminal law however the car and the boat are subject to seizure. Once there is a suit or a judgment any transfer of assets to friends or family members for less than full value can be recovered by the creditor. This is a civil, not criminal action unless you have been served with an attachment and then transfer the property. You could be charged with fraud for that type of activity. My suggestion would be to get the property returned and turn it over to the creditor before anyone tries to take this further. At least make certain the property is available if anyone from the creditor or the sheriff shows up at your door. Do not discuss anything with anyone about this situation in the event criminal charges are filed. Anything you say could be used against you so the only thing you should do is turn over any property that has been attached.
Customer: replied 2 years ago.

Thank you that is helpful, but the Sheriff said I was notified to attach the property, but I don't remember receiving anything like that, can they prove criminal intent?

Thanks again.

Joan

Expert:  Dave Kennett replied 2 years ago.
I can't tell you what they can prove unless I know exactly what evidence they have. Most of these cases never are actually prosecuted so long as the property is recovered, even if they have some proof that you tried to commit a crime. The general public is not always aware of the "transfer to avoid creditor" laws and it is a natural reaction to want to protect one's property. Judges understand this so if the property is turned over I doubt there will be a problem. I just cannot guarantee what other people will do so it is always possible that criminal charges could be filed and that is why I said not to talk to anyone about any of this. Just make the property available and keep quiet.
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 3 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.