Defending Constructive Trusts

Suffolk County Constructive Trust Defense Lawyer

By J. Douglas Barics

Defending a constructive trust action involves directly challenging the disputed facts in each of the elements to the constructive trust, arguing that as a matter of law the elements asserted by the plaintiff do not constitute a constructive trust, and advancing any affirmative defenses, which if established, result in the action being dismissed even if a constructive trust should have been imposed.

These defenses will be built in every step of the litigation. They start with the answer, are built during discovery, and properly introduced at trial.

At the Law Office of J. Douglas Barics, we bring a wealth of experience and a broad background of knowledge to mount the best possible defense you might have against a constructive trust action.

Do you need representation in defending a Constructive Trust Action on Long Island or New York City?

Defending a New York Constructive Trust Action

What you need to know about defending a Constructive Trust action

Can I stop a someone from filing a constructive trust case against me?

No. The courts are open to all and the mere filing of a case is a fundamental right to everyone.

What happens if I am served with a constructive trust complaint but its all a bunch of nonsense?

When the complaint doesn't spell out the elements of a case, a pre-answer motion to dismiss can be filed. Here, the standard is a fairly low bar. The court will assume that everything in the complaint is true, and will ask if so, would the plaintiff win. If the plaintiff cannot win even if they prove their entire allegations, the case will be dismissed. The assumption that everything is true ends once the motion is decided and is limited to the motion alone.

How do I defend a constructive trust case?

The defense to a constructive trust case begins with reviewing the elements of the constructive trust and focusing on which ones you believe do not apply. A key element is the confidential relationship which is the basis of nothing being placed in writing. If you can show the relationship was a business relationship this element might be defeated. The promise and breaking of the promise are also areas which can be challenged. And finally, if you can show the you were not unjustly enriched then that element is missing.
Challenging each element alone may not be sufficient as the doctrine of constructive trusts is flexible by nature and your overall defense should focus on equity.
Affirmative defenses are a separate way to defend against constructive trusts. The statute of limitations to bring a constructive trust is six years. If you can show the case was filed after the six years expired, then it is time barred and should be dismissed. But even here, the question is often when does the six year time period start to run?
Having an experienced attorney can help you find all applicable defenses against a constructive trust as many may not be obvious to a lay person.

Contact Our Constructive Trust Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to defend any constructive trust action, no matter how challenging or complex. With over 20 years of experience in defending 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 defense 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.