Can I attach a lien against a living trust to collect a judgement? He put all his assets in a trust.

This question popped up the the bankruptcy section, rather than the debt collection section... in order to get a good answer, you may want to look into this. Quick answer from me, go see a lawyer specializing in asset management or Wills and Trusts/Estate Planning. Very truly yours, Dean D. Paolucci, Attorney at Law Select Legal, PC 53 West Jackson Blvd., suite 709 Chicago, Illinois 60604 P > 312.427.9131 F > 312.427.9130 E > [email protected] W > www.SelectLegal.com ------------------------------------------------------------------------ ----------------------------------------------------- Disclaimer: This e-mail or other correspondence does NOT create an attorney client relationship. This e-mail or other correspondence represents a general overview of law developments and should not be relied upon without an independent, professional analysis of how any of these provisions may apply to a specific legal situation. Any information contained in this communication was not intended or written to be used, and cannot be used, by the recipient for the purpose of legal advice. ------------------------------------------------------------------------ -----------------------------------------------------

More likely then not the assets in the trust are exempt under state law, but you need to speak with a Florida collections attorney to see if you can collect the judgment.

Record the judgment in the county in which the assets are to be found. There is a full chapter in Florida Statutes regarding fraudulent transfers or tranfers made to defaud creditors. If your debtor has recently, like within the past 4 years, made the transfer into the trust, a circuit judge can set it aside under these laws. You need a lawyer. If the judgement is of any value, then you should pay a lawyer to collect it. The foregoing is offered for informational purposes only and is not legal advice nor does it create any kind of attorney-client relationship. But, if you found it helpful, kindly check the thumbs-up box below.

To preserve your judgment lien rights as to the defendant's real estate you need to file a certified copy of the judgment in the records division of the county where he may own the real estate. It doesn't matter that you have a judgment from one county and he owns property in another county. Record the judgment in county where he owns the property. As to personal property, to protect your rights you need to complete and submit a judgment lien certificate form that can be downloaded from the Florida Department of State website. LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at [email protected] or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.