Complaint for Fraudulent Transfer

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No.

County *

Court Division

03 CREDITOR (PLAINTIFF)

Creditor / Plaintiff Name *

Creditor Address

Nature of Claim Against Transferor *

Amount of Underlying Debt ($) *

Judgment / Debt Date

04 TRANSFEROR (DEBTOR / DEFENDANT)

Transferor Name *

Transferor Address

Relationship to Transferee

05 TRANSFEREE (DEFENDANT)

Transferee Name *

Transferee Address

06 TRANSFER DETAILS

Date of Transfer *

Stated Consideration / Price ($)

Reasonably Equivalent Value ($) (Fair Market Value)

Description of Transferred Property / Asset *

Recording Reference (if real property)

07 THEORY OF FRAUD

Fraud Theory *

Badges of Actual Fraud (G.S. 39-23.4) — Describe facts supporting intent to defraud *

Constructive Fraud Facts (G.S. 39-23.5 / G.S. 39-23.6) — Insolvency or inadequate consideration

08 RELIEF REQUESTED

Avoidance of the transfer to the extent necessary to satisfy Plaintiff's claim — G.S. 39-23.7(a)(1) Attachment or other provisional remedy against the asset transferred or other property of the transferee — G.S. 39-23.7(a)(2) Injunction against further disposition by the debtor or transferee of the asset or other property — G.S. 39-23.7(a)(3)(a) Appointment of a receiver to take charge of the asset transferred or other property of the transferee — G.S. 39-23.7(a)(3)(b) Judgment against the transferee for the value of the asset transferred — G.S. 39-23.8(b) Costs of this action, including reasonable attorney fees Such other and further relief as the Court deems just and proper

Additional Relief Description (optional)

09 CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

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NC UVTA — KEY RULES

NC adopted the Uniform Voidable Transactions Act (UVTA) effective Oct. 1, 2015 — superseding former fraudulent conveyance law
Actual fraud (G.S. 39-23.4): transfer made with actual intent to hinder, delay, or defraud — look for "badges of fraud"
Constructive fraud (G.S. 39-23.5): transfer without reasonably equivalent value while debtor is insolvent
4-year statute of limitations from date of transfer, or 1 year after transfer discovered, whichever is later — G.S. 39-23.9
Good-faith transferee who gave reasonably equivalent value is protected from avoidance — G.S. 39-23.8(a)
File in Superior Court; consider attachment under G.S. 1-440 if asset is in danger of being transferred again

STATUTORY REFERENCE

G.S. 39-23.1Definitions (UVTA)

G.S. 39-23.4Actual fraud

G.S. 39-23.5Constructive fraud (present creditors)

G.S. 39-23.6Constructive fraud (future creditors)

G.S. 39-23.7Remedies of creditor

G.S. 39-23.8Defenses; transferee

G.S. 39-23.9Extinguishment / SOL

NEED AN ATTORNEY?

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