Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.108 - Fraudulent Transfers - Remedies of creditors.

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Title XLI   STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 726   FRAUDULENT TRANSFERS

726.108  Remedies of creditors.--

(1)  In an action for relief against a transfer or obligation under ss. 726.101-726.112, a creditor, subject to the limitations in s. 726.109 may obtain:

(a)  Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(b)  An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with applicable law;

(c)  Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

1.  An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

2.  Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

3.  Any other relief the circumstances may require.

(2)  If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

History.--s. 8, ch. 87-79.

Last modified: November 21, 2006