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https://www.bartjkleinlaw.com/estate-litigation/2017/07/21/demanding-accounting-protect-rights/
To ensure a personal representative or executor with control over an estate’s assets is handling the estate’s assets properly, a beneficiary may demand an accounting. If the response to a demand from the executor or personal representative is not satisfactory and the amount of money at issue is substantial, in order to protect your rights as a beneficiary it may be advisable to pursue relief from a …
https://www.uslegalforms.com/us/US-02578BG.htm
Sometimes, a prior demand by a potential plaintiff for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting. This form is a generic example that may be referred to when preparing such a form …
https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html
After you send your demand letter, if your efforts to resolve the dispute fail and you decide not to mediate, filing a complaint in small claims court can resolve the matter. Demand Letter Benefits Many courts require you to make a formal demand for payment before filing your lawsuit.
http://www.sgalaw.com/news-and-views/2014/1/29/the-equitable-accounting-remedy.html
Jan 29, 2014 · "An allegation of wrongdoing is not an indispensable element of a demand for an accounting where the complaint indicates a fiduciary relationship between the parties or some other special circumstance warranting equitable relief' (citing Morgulas v Yudell Realty, 161 A.D.2d 211, 213-214 (1st Dep’t 1990)).Location: 1185 Avenue of the Americas, 18th Floor New York, New York 10036 United States
http://www.yourfreelegalforms.com/item_1173/Complaint-for-Accounting.html
COMPLAINT TO COMPEL ACCOUNTING COMES NOW the Plaintiff, Debtor, and for his/her Complaint for Violation of R.E.S.P.A 12 USC § 2605(e) and Complaint to Compel Accounting states as follows: ALLEGATIONS COMMON TO ALL COUNTS. 1. That on (filing date), Plaintiff filed for relief under Chapter 13 of the Bankruptcy Code. ...
https://www.uslegalforms.com/us/US-L0107.htm
This is a complaint to be filed by a former law partner who has been expelled from his law firm. It calls for an accounting of the firm, where the firm's partnership agreement did not provide for an accounting. The former partner alleges that the partnership has failed to pay him what was rightfully due,...
http://www.kinseylaw.com/attyserv/civil/complaints/accounting.html
For an accounting between plaintiff___ and defendant___; <>. For the amount found to be due from defendant to plaintiff as a result of the accounting and interest on that amount from and after ____, 19___; <>. For costs of suit herein incurred. <>. For such …
https://www.veeto.co/blog/writing-a-demand-letter-templates-and-examples-included
Some states actually require that you send a 30-day demand letter before you are able to sue over certain types of issues. And even though this is not true in every state, by defaulting in all cases to the 30-day demand letter, you will avoid having to do as much jurisdiction-specific research before you …
https://law.justia.com/codes/new-york/2010/cvp/article-30/3012/
If the complaint is not served with the summons, the defendant may serve a written demand for the complaint within the time provided in subdivision (a) of rule 320 for an appearance. Service of the complaint shall be made within twenty days after service of the demand.
http://www.jimersonfirm.com/wp-content/uploads/2013/08/8-2-13-JC-LL-Elements-of-Actions-We-Routinely-Bring-ABC.pdf
A demand is not effective to create an action for conversion if the failure to comply is explained by want of possession; defendant did not have possession of the item at the time of the demand.
https://www.jdsupra.com/legalnews/equitable-accounting-vs-access-to-books-30876/
Dec 17, 2018 · The complaint’s first cause of action, starting at ¶ 139, is labeled “Accounting” and alleges all the elements one would expect for an accounting claim, i.e., the existence of a fiduciary duty owed...
http://www.kinseylaw.com/clientserv2/civillitigationserv/accounting/accounting.html
The relationship of trustee and beneficiary is a common basis for a demand for an accounting. Agency. The usual action in agency cases is by the principal against the agent. Partnership or Joint Venture. An accounting is generally a part of an action for dissolution of a partnership.
https://www.floridabar.org/the-florida-bar-journal/the-most-efficient-way-to-litigate-a-dispute-between-business-partners-with-axes-to-grind-partnership-accountings/
First, a complaint must present “triable issues bearing on the right, basis or necessity for an accounting.” 15 A complaint that fails to plead the basis of the alleged entitlement to an accounting may be dismissed. 16 In partnership accountings, a plaintiff must generally plead that it is a member of a partnership and that its presuit ...
http://www.legalforms.name/bankruptcy%20forms/complaint-for-accounting.pdf
IN THE UNITED STATES BANKRUPTCY COURT FOR THE (district) DISTRICT OF (state) ... COMPLAINT FOR VIOLATION OF R.E.S.P.A. 12 USC § 2605(e) AND COMPLAINT TO COMPEL ACCOUNTING COMES NOW the Plaintiff, Debtor, and for his/her Complaint for Violation of
https://www.spigglelaw.com/employment-blog/demand-letter-demanding-demand-letters-part-1/
Usually, the demand is to pay the employee an amount of money. A demand could also ask to characterize a firing as a resignation, request a positive reference for future employment, or consist of some other kind of nonmonetary relief. As you might imagine, the …
https://www.avvo.com/legal-answers/how-do-we-draft-a-demand-letter-to-the-executor-of-886425.html
Aug 24, 2012 · How do we draft a demand letter to the executor of our parents estate? The estate is in Georgia. Letters testamentary issued 6 mo. ago. Executor has …
https://www.vjrussolaw.com/provide-an-accounting/
The Court may demand an accounting: In certain cases, the Court can even demand an accounting from the fiduciary. This is typically the case when the fiduciary is requesting to resign, when there is a request for the fiduciary to be removed from that role, or when the term of the fiduciary’s role has ended, such as when there is a preliminary ...
https://www.lexisnexis.com/LegalNewsRoom/lexis-hub/b/commentary/posts/the-right-to-an-accounting-in-disputes-among-members-or-during-dissolution-of-llcs
Jul 10, 2009 · The right to an accounting by a partner during disputes or at the dissolution of a partnership had long been recognized. The right of a member of a limited liability company (LLC) to an accounting has not been as clear, even though LLCs have been widely used for more than two decades.
https://partition.uslegal.com/judicial-partition/pleadings/
The right of a co-owner to demand a partition of the property which he holds in common with another is absolute. If a complaint makes it clear that a plaintiff is a joint owner of a property with the defendants and the plaintiff wants a partition of the property it will constitute a proper cause of action[iii].
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