{"id":9888,"date":"2026-11-09T15:35:56","date_gmt":"2026-11-09T15:35:56","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/business-litigation\/fraudulent-transfer-florida-business-judgment\/"},"modified":"2026-11-10T07:01:36","modified_gmt":"2026-11-10T07:01:36","slug":"fraudulent-transfer-florida-business-judgment","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/business-litigation\/fraudulent-transfer-florida-business-judgment\/","title":{"rendered":"Florida Business Fraudulent Transfer Lawsuit Guide"},"content":{"rendered":"\n
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Business Litigation<\/a> | Tampa Bay and Hillsborough County<\/p>

Florida Business Fraudulent Transfer Lawsuits: A Practical Guide for Creditors<\/h1>

When a debtor moves assets out of reach, the steps you take early can shape what comes next. Here is how these claims work and what to organize before you call.<\/p>

Contact Ayala Law PA<\/a><\/div>
Contact Ayala Law PA<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Eduardo A. Maura \u00b7 Published November 9, 2026<\/p>\n\n

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Put simply, a Florida court can undo a transfer that a debtor made to keep a creditor from collecting. That is the core of a fraudulent transfer lawsuit Florida business owners should understand, and Chapter 726 of the Florida Statutes sets the rules.<\/p>\n

You may be reading this because a debtor moved company or personal assets after a judgment was entered or a debt came due. The rules are technical, and some deadlines are short. This page is the responsibility of Eduardo A. Maura at Ayala Law PA, whose office is at 1646 W Snow Ave in Tampa, Florida.<\/p>\n

What Florida Law Means by a Fraudulent Transfer<\/h2>\n

A fraudulent transfer is a move of assets that Florida law lets a creditor set aside. Older court opinions often call the same idea a fraudulent conveyance.<\/p>\n

The statute defines “transfer” very broadly. It covers every way of giving up an asset or an interest in one, whether direct or indirect, voluntary or not. Fla. Stat. \u00a7 726.102<\/a> says a transfer includes payment of money, a lease, and creating a lien. A deed or a bank wire isn’t required.<\/p>\n

Businesses fall within the rules too. The statute’s definition of “person” includes partnerships, corporations, and other commercial entities, so a company can be the debtor.<\/p>\n

A judgment isn’t required before a claim exists. Fla. Stat. \u00a7 726.105<\/a> applies whether the creditor’s claim arose before or after the transfer. A claim includes a right to payment, even one that is disputed or not yet reduced to judgment.<\/p>\n\n

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If a debtor moved company or personal assets after a debt came due, you may have a claim worth reviewing. Call (305) 570-2208 to talk through your facts with Ayala Law PA. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

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Actual Fraud Versus Constructive Fraud<\/h2>\n

Actual fraud looks at what the debtor intended. Constructive fraud looks at whether the debtor received reasonably equivalent value and either had remaining assets unreasonably small for its business or transaction, or intended to incur, or reasonably should have believed it would incur, debts beyond its ability to pay as they became due.<\/p>\n

Actual fraud.<\/strong> A transfer is fraudulent if the debtor made it with actual intent to hinder, delay, or defraud any creditor. \u00a7 726.105(1)(a) sets this test<\/a>. Intent is hard to prove directly, so creditors usually rely on the surrounding facts.<\/p>\n

Constructive fraud.<\/strong> A creditor doesn’t need proof of bad intent. Under \u00a7 726.106(1)<\/a>, a transfer is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor got no reasonably equivalent value and was insolvent at the time, or became insolvent because of it. \u00a7 726.105(1)(b)<\/a> covers transfers made without receiving a reasonably equivalent value when the debtor’s remaining assets were unreasonably small for its business or transaction, or when the debtor intended to incur, or believed or reasonably should have believed it would incur, debts beyond its ability to pay as they became due.<\/p>\n

Under \u00a7 726.106(2)<\/a>, a transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was to an insider for an earlier debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe the debtor was insolvent.<\/p>\n

Creditors often raise both theories. They rely on different proof, so raising both keeps more options open.<\/p>\n

Badges of Fraud Courts Look At<\/h2>\n

Badges of fraud are warning signs the statute lists for judging actual intent. A court can weigh them when it decides whether a transfer was meant to hinder or defraud creditors.<\/p>\n

Fla. Stat. \u00a7 726.105(2)<\/a> says a court may consider these factors, among others:<\/p>\n