Penal Code 154 PC; 155 PC
PC 154; PC 155 – Fraudulent Conveyance by a Debtor
Fraudulent Conveyance by a Debtor – Table of Contents
- PC 154; PC 155 Overview
- PC 154; PC 155 Sentencing
- PC 154; PC 155 Defending
- Fraudulent Conveyance by Debtor – Hire Us
It is unlawful for any person who has property that is subject to a judgement creditor; a creditor; or is pledged as collateral to sell, convey, assign, conceal, dispose, or trade, to hinder, delay any rights a judgement creditor, creditor, or claimant of right his towards the property as collateral.
What is a judgement creditor as defined under Penal Code 155 PC?
A judgement creditor is a plaintiff or a party to a claim of a petition filed in civil court pertaining to a cause of action that includes real or personal property of the accused; or has a claim of right to the real or personal property of the accused that is permissible under statute or by determination of judgement in court; and declared by court order. Once the order has been made the judgement creditor is a party that can make a claim of right by filing a writ of execution to enforce the order either by proving an established contract, or by established acknowledge of liquidity preference. Once the writ is granted the judgement creditor can take it to the Sheriff for acquisition of the property or enforcement.
What is the mental state required for a violation under PC 154, PC 155?
The mental state required for a violation of Penal Code 154 PC and Penal Code 155 PC is knowingly and willfully. Knowingly is a conscious awareness of the nature of the conduct, while having a reasonable understanding of the natural and probable consequences that would result from the act’s completion. Willful is the conscious awareness of the unlawful nature of the conduct, while having a disregard of it causing substantial injury, while having a reasonable understanding of the natural and probable consequences that would result. As applied under Penal Code 154 PC and Penal Code 155 PC the State must prove beyond a reasonable doubt, that the accused consciously understood that the victim was a judgement creditor, creditor or had a claim of right to real or personal property; and consciously knew that to prevent this satisfaction sold, conveyed, assigned, concealed, disposed, or traded, or delayed, any rights a judgement creditor, creditor, or claimant of right to the collateral; and reasonably understood the consequences that might result.
A violation of Penal Code 154 PC and Penal Code 155 PC is chargeable as a misdemeanor or felony. As a misdemeanor the penalty is confinement not exceeding 1 year in jail with fines not exceeding $1000 dollars. If the value of the real or personal property exceeds $250 dollars, the violation is a felony; and the penalties include confinement exceeding 1 year in jail with fines not exceeding $10,000 dollars.
What is an example of a violation of PC 154, PC 155?
Becky owned Hal’s Auto shop $6000 dollar for a refurbished engine that was installed in her Ford Explorer. The $6000 dollars was a loan that came from needed funds to install the $10,00 dollar engine. Becky was out of work but did not want to pay the loan. Becky sold the engine and car at a DMV certified auctioneer. The auction appraisal department after sell did a background check on the VIN and serial numbers on the car and found that the engine was associated with an installment loan associated with Hal’s Auto Shop. The auction house contacted the DMV, police, and Hal’s auto shop. Becky was arrested.
- Good faith interpretation of consent/ Modification of Contract – The facts warrant that the accused acted upon an established agreement with the victim who later recanted the modification which constituted a breach of the agreement which entitled the accused to seek and remedies for a loss.
- Not a judgement Creditor – The party seeking recovery is not a judgement creditor as defined under Statute.
- The property is not the subject of collateral under expressed or implied agreement.
If you are charged with a violation of Penal Code 154, and Penal Code 155 call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.
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