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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116711
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Cape may county, NJ Corporation owns rental units. 3

Customer Question

cape may county, NJ
Corporation owns rental units. 3 partners that own equal shares. 2 of 3 are married and robbing me blind.
They have been stealing from inception. Will not cooperate despite lawyers on each side.
This has been going on for 2 years now with the lawyers only making money. As it is, I cannot pay my attorney bills to date.
I am on disability and have very limited income. I have NEVER pulled a dollar out of the corporation. They have pilfered close to half a million out of the company.
For the last 2 years minimum, they not only take all money they let the properties go into severe disrepair hoping to pick them up at a steep bargain.
They now wish to sell the properties and split proceeds, minus costs. This will actually leave me with less than 1/3 of my initial investment after all is done.
2 months ago, one of the tenants moved out and unit remains vacant with no sign to re-rent it. Today I watched as another tenant moved out.
They are looking to bankrupt the corporation. I cannot get keys and/or access to any units in order to rent them out.
I can prove Fraud, embezzlement, theft by deception, etc., but have no funds to do so.
Again, civil methods are going no where.
Is there anyone out there that can steer me as to how to file criminal charges against them? Is this something that I can do on my own? How can I get the courts to provide me with immediate control?
Since inception of corporation they have somehow been able to purchase 11 other rental units-that I know of so far.
Is there a way to search for someone to help me "pro bono"?
Any help that can be provided would be phenomenal.
I thank you for your time and consideration.
For your demographics I am a 58 yr. male. on social security disability, and can barely make my own monthly obligations let alone having anything left over to fight them in court.
Dan (###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
One option is you have to file a shareholder derivative action, which means you need an attorney to sue the two of them for self dealing, fraud, embezzlement and breach of fiduciary duty to the corporation. This is the common way to get control and seek to cease the activity you are complaining about. Once the shareholder derivative action is filed you can file a motion for injunction to get control over the accounts and assets of the corporation to stop them from continuing to harm the corporation. But this mandates an attorney filing because you cannot sue on behalf of the corporation, which is what you have to do to get what you are seeking.
The only other option is you have to bring the proof of them stealing from the corporation to the local district attorney for them to review to determine whether or not they want to prosecute. The DA has a right to refuse to prosecute and to send you to civil court to sue them as I mentioned in option 1.
So, the only way out of this is going to be suing in court if you do not want to walk away from them and to seek to get control and seek damages from them for the money they have stolen from the company (and you) back.
As far as getting an attorney, you may get an attorney who would agree to take the case on a contingency basis in exchange for a share of any proceeds he can get for you in the case and likely a lien on the house. You would have to negotiate that with the attorney individually and you can locate a corporate attorney at the same sites used by other attorneys, or