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Get property and records back

I am the VP of an organization and the current Treasurer has records and documents stored at her house and refuses to give said records back to the organization. There is a question about funds missing and we are looking to do an audit. How can we get the records?

Asked on July 24, 2018 under Business Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file a lawsuit against whomever (e.g. the Treasurer) you believe may have misused or misappropriated funds, for the amount of seemingly or potentially missing money. In the lawsuit, you can then use the legal procedures or mechanisms of "discovery" to get these documents, such as (if you are suing the treasurer) written interrogatories (or questions) and document production requests, or subpoenas (if you are suing someone else).
Alternately, you could sue the Treasurer for theft, for taking business property (the records), seeking a court order for their return. In addition to seeking the court order, you will again have access to the mechanisms of discovery.
The good news is that there are legal mechanisms that will compel her to provide these documents; the bad news is that they only available when a lawsuit is filed.


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