Defending Constructive Trusts
Suffolk County Constructive Trust Defense Lawyer
Defending Against Constructive Trusts on Long Island
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 developed in every step of the litigation. They start with the answer where they are preserved for use. The defenses are are built during discovery where the evidence is gathered and prepared for use at trial. Defenses are then properly submitted for the court to consider 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?
Contact us online or at (631) 864-2600.
What You Need to Know About Defending a Constructive Trust Action
Can someone be stopped from filing a constructive trust case?
It is not possible to stop someone from filing a constructive trust case as the courts are open to all and merely filing of a case is a fundamental right to everyone.
What happens a constructive trust complaint is filed but doesn't make any sense?
When a complaint to a constructive trust case doesn't contain sufficient claims to make out a constructive trust case to allow it to be prosecuted, the defendant can file a pre-answer motion to dismiss.
In deciding whether or not to dismiss a constructive trust case under these circumstances, the court will assume that everything in the complaint is true, and assume that the plaintiff proves each and every claim asserted. If the plaintiff would win, then the dismissal motion is denied and these assumptions no longer apply, as the court is merely deciding if the complaint is sufficient.
If the plaintiff could not win under these assumptions, the case is dismissed since it would be impossible to give the plaintiff any relief even if they won at trial.
How is a defense to a constructive trust case structured?
- The Denial. The denial is the first element of a defense to a constructive trust case, and it begins with reviewing the complaint and determining if any should be admitted as true, or whether it is best to contest every claim. A distinction must be made between contesting factual claims and elements of the cause of action. The general denial portion of the answer will spell this portion of the defense out in detail.
- Affirmative Defenses. Affirmative defenses are the second line of defense to a constructive trust case. An affirmative defense must be proven by the defendant, and if it is successful means the constrictive trust won't be granted even if the plaintiff would otherwise win. Affirmative defenses are fact specific to each case and merely listing them is insufficient.
- Counter claims. The third line of defense is asserting a counter claim when applicable. A counter claim is a case asserted by the defendant against the plaintiff. They are not a defense per se, but when applicable can be part of an overall defense. For example, it is possible that two people can own a house jointly, and each owner could theoretically assert the other owner's share should have a constructive trust imposed. Counter claims are fact specific and will depend on the circumstances for each case.
This outline merely preserves the right to raise all defenses as the constructive case progresses. Applying them is something that is done during discovery and at trial. 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.