Prosecuting Constructive Trusts
Prosecuting Constructive Trusts in Nassau and Suffolk County Supreme Court
By J. Douglas Barics
A constructive trust action is commenced by filing a summons and complaint. The summons gives the court authority to act and the complaint sets forth the facts that will be the basis for the constructive trust.
Once the defendant is served with the summons and complaint, the court has the authority to proceed with the case.
The complaint must lay out sufficient facts to establish a constructive trust. It is a notice document and not a proof document. No evidence is required at complaint stage, it is to give sufficient notice to the other side of the claims you intend to prove.
The summons and complaint are often followed by a notice of pendency, with all three being served at once.
In prosecuting a constructive trust claim, your attorney will gather the information needed to prove your case. Most of this evidence will be shown to the other side well in advance of trial. Likewise, any evidence the defendant may have will also be gathered by your attorney in advance of trial.
Depositions are common. The best constructive trust lawyers will not only know the questions to ask the other side, but they will prepare you in advance as to how to properly respond to questions asked by the defendant's attorney.
Your constructive trust attorney will know the best approach in preparing you for trial. Your attorney will explain to you how evidence is introduced at trial, and how to properly answer questions. Your testimony will be the backbone of your case to set forth the elements of the constructive trust case.
At the end of the trial, your attorney will tie it all together in a summation, showing how all the evidence establishes that a constructive trust is warranted and why you should be granted one.
At the Law Office of J. Douglas Barics, we have the experience to help you with your constructive trust case from start to finish, and to address head on the most likely defenses the other side will raise to prevent them from getting your case dismissed.
Do you need representation in prosecuting a Constructive Trust Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
New York Constructive Trusts
What you need to know about prosecuting Constructive Trust Actions in New York
What is a constructive trust?
A constructive trust is a trust that comes into existence from a court order or judgment when there isn't one existing already.
When is a constructive trust appropriate?
A constructive trust is a flexible remedy that courts use to prevent unjust enrichment when other remedies are not available. At its core, a constructive trust is appropriate when someone in a confidential relationship uses the implied trust from that relationship for their own use and to the harm of the other person.
What are the elements of a constructive trust?
- A confidential relation between the parties
- A promise between the parties
- A transfer between the parties because of that promise
- One party is unjustly enriched as a result
What if there's nothing in writing?
The lack of a written agreement is part of the factors in imposing a constructive trust and is directly related to the confidential relationship, which assumes that due to the close or confidential nature of it that written agreements will likely not exist.
How do I start a constructive trust?
A constructive trust is a court action. It starts with the filing of a summons and a complaint, and possibly a notice of pendency.
What does the complaint need to include?
The complaint sets forth the facts which you claim gives rise to the constructive trust. It also states what relief you are requesting the court to give you.
Contact Our Constructive Trust Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to prosecute any constructive trust action, no matter how challenging or complex. With over 20 years of experience in prosecuting constructive trust cases, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled constructive trust lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.
Constructive Trusts Overview
A constructive trust is an equitable remedy used to prevent someone in a trusted relationship from improperly benefitting themself or someone else, even if unintentional.
Proving Constructive Trusts
A constructive trust is a flexible remedy that normally involves (a) a confidential relationship, (b) a promise (c) a transfer based on that promise (d) unjust enrichment.
Defending Constructive Trusts
Defending constructive trust cases involves proving the elements of a constructive trust are not there or to prove other affirmative defenses which must be raised early on.
Motion Practice in Constructive Trusts
Motions are an integral part of constructive trust litigation. Common motions include pre-answer motions to dismiss, summary judgment and discovery motions.
Lis Pendens in Constructive Trusts
A lis pendens is especially important in a constructive trust case as the plaintiff often does not have title to the property. The lis pendens will prevent a defendant from selling their interest to defeat the lawsuit.
Appeals from Constructive Trusts
Appeals from constructive trust cases can occur while the case is ongoing or after the final judgment if the trial court makes an error in deciding something significant.
PRACTICE AREAS
Divorce and Matrimonial
Appeals
Constructive Trusts
Constructive Trusts Overview
Prosecuting Constructive Trusts
Defending Constructive Trusts
Motion Practice in Constructive Trusts
Lis Pendens in Constructive Trusts
Appeals from Constructive Trusts