Middlesex Massachusetts Court Order Resolving an Action for Accounting

State:
Multi-State
County:
Middlesex
Control #:
US-L0107D
Format:
Word; 
Rich Text
Instant download

Description

This is an order to resolve an action for accounting of a former partner's law firm. The order is the result of a motion filed by the defendant firm, and the defendant firm shall allow the plaintiff's accountant access to all records and documents necessary for the accounting.


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FAQ

I mentioned that you can legally close an estate without an accounting to beneficiaries. New Jersey probate law allows beneficiaries, however, the right to demand an accounting regarding the affairs and transactions of the estate.

The two primary reasons to compel an account are: 1) to check the status of trust assets; and 2) to determine if the trustee is acting within his or her discretion or has breached a duty.

The procedure to establish contempt is straightforward. The person seeking the finding must file a motion in court with supporting documents stating how a court order was allegedly violated. The court will set a hearing date. The accused party must be properly served with the motion and notice of hearing.

The definition of "contempt of court" in New Jersey family law cases is the same as in all other areas of law within the state. Simply put, a person is in "contempt of court" when he or she deliberately violates a court order, acts inappropriately in the courtroom, or disrespects the judge while court is in session.

When contempt of court is a fourth degree crime, the sentence can include a $10,000 fine, up to 18 months of incarceration in NJ state prison, probation, and a fourth degree felony conviction.

A petition, asking the court to approve the accounting (if filed), approve the distribution of the estate assets, plus any additional matters that require court approval (such as allowing fees to the representative or the attorney).

In order to do so in the state of New Jersey, you must file a motion known as an Order Enforcing Litigant's Rights. If they still choose to not comply with the court order, the individual can be held in contempt of court. In some cases, they can be arrested if there are no other options left.

To change or enforce your FV order, contact the Family Court in the county where your case was last heard. What deadlines do you need to meet? You must tell the other party in writing when you are requesting the motion be heard by the court. That notice must include the time and date of the scheduled motion hearing.

You can change an existing court order or consent order. You can also ask a court to enforce an order if your ex-partner is not following it. If you ask the court to change or enforce an order, you'll probably have to go to a court hearing. You can usually avoid this if you get help outside of court instead.

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Middlesex Massachusetts Court Order Resolving an Action for Accounting