What are my options to collect my judgement from someone who has not assets?
Full Question:
Answer:
The elements of a fraudulent conveyance transfer are defined as follows by the Uniform Fraudulent Transfer Act:
(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that he [or she] would incur, debts beyond his [or her] ability to pay as they became due.
In some cases, it is possible to sue a person individually under an alter ego theory, in which the court will "pierce the corporate veil" to find that person liable when there is really no separate identity of the individual and corporation. Whether the alter ego theory applies will be a determination for the court, based on the facts and circumstances in each case.
Oregon statues allow for an examination of a judgment debtor to discover the assets he has. The examination may be conducted orally, in the same manner as a deposition, or written interrogatories may be used.
The following are OR statutes:
18.265 Debtor examination.
(1) At any time after a judgment is entered, a judgment creditor may
upon motion obtain an order requiring the judgment debtor to appear
before the court or a referee appointed by the court at the time and
place specified in the order, and requiring the judgment debtor to
answer under oath questions concerning any property or interest in
property that the judgment debtor may have or claim. The motion must
be supported by one of the following:
(a) Proof of service of a notice of demand to pay the judgment within 10
days. The notice of demand must be served in the same manner as a summons
or by any form of mail addressed to the judgment debtor and requesting a
receipt. Service by mail under this paragraph is effective on the date of
mailing.
(b) A return of a writ of execution showing that the judgment has not
been satisfied.
(c) A garnishee response to a writ of garnishment that does not fully
satisfy the judgment.
(2) Only the following courts may issue an order under this section:
(a) The court in which the original judgment was entered.
(b) Any circuit court for the county in which the judgment debtor
resides and in which the judgment has been recorded under ORS 18.152.
(c) Any circuit court for the county in which the principal place of
employment of the judgment debtor is located and in which the judgment
has been recorded under ORS 18.152.
(3) If a motion under this section is filed in the court specified by
subsection (2)(b) or (c) of this section, a certified copy of the
judgment or a certified copy of the recording made in the County Clerk
Lien Record of the county must be filed with the motion unless a
transcript of the judgment has been filed with the court under ORS 18.255.
(4) Except as provided in this section, a judgment debtor may not be
required to attend in a county other than the county in which the
judgment debtor resides or may be found at the time of service of the
order requiring the appearance, unless the place where the judgment
debtor is to appear is not more than 100 miles from the residence of
the judgment debtor.
(5) If the judgment debtor resides more than 100 miles from the place
of examination, the judgment debtor shall be required to appear and
shall be paid mileage at the time of the hearing as provided for
witnesses in ORS 44.415.
(6) Upon motion and good cause shown, the court may order that
proceedings under this section be conducted at a time or place other
than the time or place specified in the original order.
(7) The court may at any time enter an order restraining the judgment
debtor from selling, transferring or in any manner disposing of any
property of the judgment debtor that is subject to execution pending
an examination under this section.
18.268 Conduct of debtor examination; seizure of property.
(1) A judgment debtor may be examined on oath concerning the judgment
debtor's property in a debtor's examination. Upon request by the
judgment creditor, the proceedings shall be reduced to writing and
filed with the court administrator. The judgment creditor and judgment
debtor may subpoena and examine witnesses.
(2) If it appears that the judgment debtor has any property that may
be applied against the judgment, the court may order that the property
be seized for application against the judgment.
18.270 Written interrogatories.
(1) At any time after a judgment is entered, a judgment creditor may
serve written interrogatories relating to the judgment debtor's property
and financial affairs on a judgment debtor. The interrogatories may be
personally served in the manner provided for summons or may be served by
any form of mail addressed to the judgment debtor and requesting a
receipt. Service by mail under this subsection is effective on the date
of mailing. The interrogatories shall notify the judgment debtor that the
judgment debtor's failure to answer the interrogatories truthfully shall
subject the judgment debtor to the penalties for false swearing as
provided in ORS 162.075 and for contempt of court as provided in ORS 33.015
to 33.155.