Prosecuting Constructive Trusts
Prosecuting Constructive Trusts in Nassau and Suffolk County
Long Island Constructive Trust Lawyer
A constructive trust action is commenced in New York Supreme Court by filing a summons and complaint. The summons gives the court authority to act over the plaintiff, 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 over all parties and can 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, which means that no evidence is required at complaint stage as its purpose is to simply give sufficient notice to the other side of the claims you intend to prove at trial. A notice of pendency is normally filed as well to prevent the defendant from selling the property to avoid the lawsuit. The summons, complaint, and notice of pendency are typically all served on the defendant together.
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 in a constructive trust case and the best constructive trust lawyers will not only know the questions to ask the other side, but 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 by explaining to you what you need to do to properly introduce evidence at trial, and how to accurately answer questions from opposing counsel. Since your testimony will be the backbone of your case, it is important to prepare your case well in advance of trial.
At the conclusion of the trial, the summation will tie all the evidence together showing how your testimony and all other evidence shows that all four elements of the constructive trust have been shown, and why the court should impose a constructive trust on your behalf.
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.
What you need to know about prosecuting Constructive Trust Actions in New York
When is prosecuting a constructive trust appropriate?
The 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 is a constructive trust started?
A constructive trust is a court action. It starts with the filing of a summons and a complaint in the Supreme Court of New York State. Unlike many other states, the Supreme Court of New York is the lowest level trial court, with each county having its own Supreme Court.
What must be included in the constructive trust complaint?
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. The complaint is a notice document, meaning its purpose is to give sufficient notice to the person being sued to allow them know what the case is about. Proving the constructive trust case comes later on.
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.