In the case of Conte v Pettle dated June 29, 2023, the plaintiff Rosetta Conte obtained a default judgment of $268,920 against the defendant Gerald Pettle for a series of unpaid loans totaling approximately $250,000 that she had given to him in 2007. Despite attempts to collect the judgment, Gerald claimed to have no assets to satisfy it as his house and cottage were registered in his wife, Susan Pettle's name.
Tragically, Susan passed away on June 3, 2022, and her estate trustee now holds legal ownership of the house and cottage. It's important to note that Gerald was not named as a beneficiary in Susan's will, and their four children are the sole beneficiaries under her will.
The court issued the following orders:
a. The transfer of $217,000 from Gerald Pettle to Susan Pettle is declared void as against the Plaintiff.
b. The Estate of Susan Pettle must immediately pay the Plaintiff the sum of $217,000.
c. The Plaintiff is entitled to prejudgment interest on the above amount, calculated from the mid-point between the first bank record (March 22, 2013) and the last bank record (May 7, 2019) as the date the cause of action arose.