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I am curious about the legal requirements and procedure for a lawsuit for revocation of a fraudulent act.

Hello, Daegu debt collection specialist attorney. I had been living together for about a year with a man who promised to marry me, and we had a child and were living together, when I learned that this man had a wife he had hidden. He says he divorced his lawful wife, but this also seems to be a sham divorce. I told him that we should just part ways as long as I received child support, but he says he has no money to pay child support. Would it be possible to file a lawsuit for revocation of a fraudulent act regarding the hidden assets? Once the lawsuit is over, I would like to proceed with debt collection of the child support as well.

Lawsuit for revocation of a fraudulent act

Answer to Related Inquiry

Author: 정찬우

Hello. This is a Daegu debt collection specialist attorney.

I imagine you must have been utterly devastated.

If there are circumstances in which the other party diverted assets while claiming they cannot pay child support, you can consider a lawsuit for revocation of a fraudulent act.

In order for it to be recognized as a fraudulent act, the debtor must have disposed of assets with the intent to infringe the creditor's rights, and as a result must have become unable to repay.

Before proceeding with a lawsuit for revocation of a fraudulent act, you must check whether the requirements for filing the lawsuit are met.

You must file the lawsuit within the exclusion period (one year from the date the act became known and five years from the date the act occurred).

The procedure proceeds in the order of submitting the complaint → securing evidence → court hearing and judgment.

In particular, through the lawsuit, if the assets the other party disposed of still remain, you can claim the return of the original property, and if they have already been sold or restoration to the original state is impossible, you can claim the return of the value.

If the other party divided assets with his lawful wife through a sham divorce, the key is to prove this, revoke it as a fraudulent act, and secure the child support claim.

The methods for collecting the child support debt are as follows.

1. Leave a record of the formal demand for repayment by sending a certified content mail.

2. Begin legal procedures by applying for a payment order or filing a civil lawsuit.

3. After the judgment becomes final, recover from the other party's assets through compulsory execution.

However, since the legal issues and evidence gathering are complex, the assistance of a Daegu debt collection specialist attorney with extensive experience in fraudulent act lawsuits appears essential.