How do I prove fraud?

I went into business with my ex-husband. I spent a lot of money on computer equpment and his education (seminars etc). At the time of the divorce, he claimed the company was worthless and I had no way of proving otherwise. Now after almost 5 years, he still runs the company and even though he claims very little income, he lives a lavish lifestyle.

Asked on October 23, 2011 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you sue him, you will access to the legal mechanisms of "discovery": e.g. interrogatories (which questions), document requests (e.g. to get bank statements, tax returns, balance sheets, accounts payable and receivable, etc.) and subpoenas (which could let you get information from third parties, like customers of his or banks). So if you sue him, you may be able to establish the true income from and value of the company.

You should speak with a family law or divorce attorney and describe the situation to him or her in detail. If the attorney feels that you have a legal cause of action and that it woudl be worthwhile pursuing, then you can file a lawsuit and be able to access the legal tools to obtain information from and about him and his company. Good luck.


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