Legal Question in Civil Litigation in New York

My name is Dave, I'm an accountant. Two years ago, my client Mike came to me asking for $50,000 dollars. Mike said that he would sell me 10% ownership in his construction business which was doing well at that time. After I gave him $50,000, he never provided me with proof of ownership (stock certificate or any other proof). This company is an S-corp in new york state. Although he has paid $8,000 back, he has since stopped making any payments back and I don't know what to do. My lawyer recommended speaking with the local district attorney but they are reluctant calling it a civil matter. Any advice?


Asked on 8/20/09, 12:39 pm

4 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Have you considered filing a civil suit to recover your money?

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Answered on 8/25/09, 1:52 pm
Randall Brett Law Office of Randall P. Brett

You stated that you have already spoken with your attorney. At this point, unless you want to engage another attorney, you should probably listen to his/her advice.

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Answered on 8/25/09, 2:04 pm
Stephen Starr Starr & Starr, PLLC

Speak with your attorney about commencing a law suit against your client and his company. This is the type of claim that a collections law firm, such as mine, would typically handle on a contingency basis. Please feel free to visit our website at www.starrandstarr.com for further information or to call me at 8888678165

The foregoing is not intended as legal advice for your specific situation. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.

For additional information regarding collection matters please free to visit the Frequently Asked Questions (FAQs) and Blog postings on our website at www.starrandstarr.com.

Best regards,

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Answered on 8/25/09, 2:33 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

You were advised correctly, by the DA. This is not a criminal matter. It sounds like the $50,000. will appear to a Court as a Loan, rather than an investment or purchase price for shares of a company.

If you have documentation of the purpose for which you gave the money you may be able to obtain a lien or other type of Pretrial Restraining Order (TRO) on the personal and construction company assets and property, before trial. But, a Civil lawsuit must be filed contemporaneously with filing for a Lien or TRO.

Of couse, you will also need to send a Certified written Demand Letter for repayment, before you are eligibile to sue in Court for repayment.

Your "current lawyer" may be distinterested in your case, because of being pique with you, for not consulting him/her in advance of your giving such a sum of money, w/o you obtaining docs or doing a prior due diligent inviestigation.

Good luck,

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Answered on 8/26/09, 5:28 pm


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