The most daunting aspect of a litigation is probably not what you think. It is not the filing of the compliant, the piercing together of tedious documents to submit via discovery, the appearing for a deposition, and believe it or not, it is not taking a witness stand at trial.
The most daunting aspect of a litigation case is the disturbing reality that if you discover that a business partner or a managing member of your LLC is committing fraud, and essentially depleting your company bank account of liquidity and selling off the company assets that you may wind up, gaining in judgment at trial that essentially is worth nothing.
Now if you have a reason to believe that your business partner is committing fraud, chances are you are probably right. There are many ways to protect yourself, and to not be lined up in this position where you have nothing to account for in the end.
First and foremost, you need to file a summons and complaint. Nobody would deny that once you initiate that action, however, it is in imperative that you immediately file in order to show cause. In order to show cause you need an emergency application where you go into the courthouse and ask for a specific relief, unlike a motion where it is usually in eight days notice, 16 days notice, or sometimes even beyond. The parties can then adjourn the case. In order to show cause, put a document in front of a judge, and explain to the judge that he or she needs to bring your partner to court immediately.
To learn more about how to protect your company’s assets during a dispute and would like to speak with an attorney at Ross Pitcoff Law, call our office at: (646) 386-0990 or email: firstname.lastname@example.org. We would be happy to assist you.