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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10442
Experience:  Barrister 17 years experience
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We are in the process of suing some ex-relatives over harassment

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We are in the process of suing some ex-relatives over harassment and trespassing and about 15 other things they have committed against my father and myself.

They own alot of land that has been passed around family for a few time over a few years because they keep getting caught in sheep scheme frauds.

If we sue the main family member ( who owns the land now) can they transfer it someones else name before they hit with a judgement.

If so, do I have any recourse.

Thanks Chris

Buachaill : 1. Yes, if you sue the main family member who now owns the land, they can transfer it to someone else before they are hit with a judgment. However, there is provision under the 1634 Conveyancing (Ireland) Act to set that transfer aside if it is done to avoid a judgment. Additionally, there are further provisions relating to fraud on creditors whereby an act done to defeat creditors will be set aside if done to prevent enforcement of a judgment. Accordingly, even though they may transfer it to a different family member you can go to court when you have a judgment and get it set aside so that your judgment bites on the land. So I would advise you to sue the main family member who owns the land together with whoever else was responsible and be aware that there is provision to set aside any transfer which is designed to stymie you.
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