Think moving assets shields you from lawsuits? Florida law says otherwise. Under Florida’s Uniform Fraudulent Transfer Act (FUFTA), transferring property, cash, or business interests to avoid creditors can spark a whole new lawsuit. Courts scrutinize the timing, intent, and whether you received fair value for the asset. If you move assets after a dispute arises—or even when you suspect one is coming—judges can unwind those transfers and hold you accountable.
Florida Statutes §§726.105 and 726.106 empower creditors to claw back assets and pursue damages. The law targets both actual fraud (intent to hinder, delay, or defraud creditors) and constructive fraud (transfers for less than fair value when you’re insolvent). The Florida Rules of Civil Procedure 1.120 require detailed pleading of fraud, and missing deadlines or failing to disclose asset moves can cost you dearly. Our firm sees businesses and individuals tripped up by common mistakes: transferring assets to family, hiding funds, or failing to disclose moves during litigation. These errors often lead to costly lawsuits and court orders reversing the transfers.
Fraudulent transfer claims have strict deadlines—generally four years from the transfer or one year from discovery. Procedural missteps, like incomplete disclosures or late filings, can result in lost assets and additional damages. If you’re facing a dispute or considering moving assets, know the risks and act strategically. Black Rock Trial Lawyers helps you navigate asset protection and litigation risks with authority and precision.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
