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NY Order to Show Cause to Get Payments

New York, NY |
Filed under: S-corporation

I am a shareholder of an S corp that is refusing to pay me my share of disbursements and has not paid me in 16 months. The other partners are getting all the disbursements and I get zero. Can I file an Order to Show Cause to get immediate payments and back payments? Is the NY Supreme Court that quick and efficient?

Attorney Answers 2


Scheduling depends on the county that you'll file in. Sometimes a demand letter from an attorney is enough of a warning before something is filed in court

As we don't know enough about your case, you should not consider my answer to be legal advice. You would need to consult with an attorney at length and include details about what has occurred in order to adequately assess your criminal exposure. Also, I am licensed in the state of New York only. If this is a federal case, provided more information were given, we could give you a better idea of the sentencing range. If it is state only, you will need an attorney licensed in your jurisdiction to address this.

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You should consult an attorney about how best to proceed. You will have to initiate an action and seek immediate injunctive relief. If the corporation has assets (i.e. bank account) you may also want to attach them to insure payment.

The above constitutes general information only and should not be considered legal advice.

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