The 704 Group v. Hairston CA6

Background In January 2013 respondent, a debt collection agency, sued appellant’s estranged spouse, John Hairston (John), to recover a four-year-old debt owed to respondent’s

1 After her opening brief on appeal was filed, we were notified that appellant had been murdered. Her daughter, the administrator of the estate, has pursued the appeal in appellant’s place. For clarity and ease of reference, however, we will continue to refer to the decedent as the appellant. predecessor in interest. On March 19, 2013, the clerk entered judgment by default for $11,105.44, consisting of the $8,202.03 owed plus costs and prejudgment interest. In May 2013 respondent filed the present action against both John and appellant to set aside an alleged fraudulent transfer of John’s residential property interest to appellant in August 2009. Before then the property had been held by the defendants as community property, and respondent believed that John still lived there and contributed to the mortgage payment. Respondent alleged that the August 2009 transfer had been made without consideration, “with the intent to hinder, delay or defraud creditors of Defendant JOHN H. HAIRSTON, including plaintiff.”…