Answer Debt Collection Case Utah Courts

COMPLAINT

COMPLAINT

Plaintiff, makes the following Complaint against the Defendant .

Jurisdiction

1. whose mailing address is .

2. Defendant, is an adult resident citizen of County, , and may be served with process at .

Facts

3. On or about , , Defendant rented to Plaintiff, on a month to month basis, a trailer located at , and a $ deposit. The above-described contract complied fully with the applicable laws of the State of and was fully enforceable. Plaintiff paid to Defendant $ in rent for , and a $ deposit.

4. On or about , , in an attempt to wrongfully evict by guile and deceit, the Plaintiff, Defendant drove Plaintiff into , and abandoned him. At the time of the abandonment the Defendant knew that the Defendant had neither transportation nor funds for lodging. The Plaintiff spent the next two nights sleeping outdoors in the cold and making his way back to the trailer and his belongings.

5. The Plaintiff returned to the trailer on , . On this date the Defendant, without probable cause and with malice, instituted criminal proceedings against the Plaintiff in County, for house burglary. The Plaintiff was arrested and held in the County Jail until , when after hiring a lawyer, the false charges against him were dismissed by the County Court of County, .

6. The Defendant has wrongfully retained and converted the belongings of the Plaintiff and failed to return or refund rent and deposit.

7. The Defendant's actions toward the Plaintiff were so willful and malicious as to constitute an independent tort.

8. As a direct and proximate result of the Defendant's wrongful conduct as described in this Complaint, the Plaintiff has damages in the amount of $500,000.00. Moreover, the Defendant's conduct involves such willfulness and maliciousness that it rises to the level of an independent tort or torts, thus entitling the Plaintiff to recover punitive damages from the Defendant.

9. Given the conduct of the Defendant and the pecuniary ability or financial worth of the Defendant, then $1,000,000.00 is well within the amount reasonably necessary for punishment of the wrongdoing as described herein, deterring the Defendant from similar conduct, and to make an example of the Defendant so others may be deterred.

IV.
CLAIMS FOR RELIEF

10.

A. BREACH OF RENTAL AGREEMENT AND WRONGFUL EVICTION

The Defendant breached and wholly failed to perform her express contractual obligations to rent the subject trailer to the Plaintiff, on a month to month basis. This rental agreement complied fully with the applicable laws of the State of and was fully enforceable. All conditions precedent to the contractual obligations of the Defendant were satisfied and the Defendant's obligations were due and owing at the time of default. The eviction of the Plaintiff by the Defendant was wrongful and accomplished contrary to law. As a direct and proximate result of the Defendant's conduct, the Plaintiff has suffered past and future lost of use of the trailer, increased housing cost, moving expenses, distress, humiliation, embarrassment, physical and emotional upset, loss of- sleep and appetite, exposure to the elements and also general damages. This willful breach of contract and wrongful eviction by the Defendant was attended by such malice, insult, and abuse that it constitutes an independent tort, thus entitling the Plaintiff to recover punitive damages as well as actual damages, all of which were foreseeable and proximately caused by the Defendant's breach and wrongful eviction.

11.

B. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

The Defendant breached her contract and promises for reasons incompatible with good faith and fair dealing. As a proximate and foreseeable result of which the Plaintiff suffered damages, as described above, from the Defendant's wrongful breach of contract. The breach as previously stated, was wholly unsupported by any arguable reasons, was willful, malicious, and in bad faith.

12.

C. MALICIOUS PROSECUTION

The Defendant, without probable cause and with malice, instituted criminal proceedings against the Plaintiff. The proceedings terminated in the plaintiff's favor (or were otherwise abandoned) and as a direct and proximate result of the Defendant's conduct, the Plaintiff has suffered harm to his reputation, distress, humiliation, embarrassment, physical and emotional upset, loss of sleep and appetite, fear, loss of income, attorney's fees and also general damages. The conduct of the Defendant was attended by such malice, insult, and abuse that it constituted an independent tort, thus entitling the Plaintiff to recover punitive damages as well as actual damages.

13.

D. ABUSE OF PROCESS

After process of criminal proceedings issued, the Defendant used the process against the Plaintiff, not to enforce the legal remedy that the process was designed to afford but, to force the Plaintiff to do some collateral thing, i.e., discontinue use of his leasehold, which he could not legally be compelled to do. The Defendant acted out of ulterior motive in using the process. Her actions were improper and malicious and calculated to procure an unfair advantage over the Plaintiff. As a direct and proximate result of the Defendant's conduct, the Plaintiff has suffered harm to his reputation, distress, humiliation, embarrassment, physical and emotional upset, loss of sleep and appetite, fear, loss of income, attorney's fees and also general damages. The conduct of the Defendant was attended by such malice, insult, and abuse that it constituted an independent tort, thus entitling the Plaintiff to recover punitive damages as well as actual damages.

14.

E. INTENTIONAL INFLICTION OF EMOTIONAL UPSET

The Defendant's unlawful conduct as previously described in this Complaint, was known to the Defendant to be likely to produce emotional distress in the Plaintiff, and it did in fact produce emotional distress in the Plaintiff. The Defendant's conduct as previously described was outrageous, wholly without legal or factual justification, was-malicious and wanton, and thus entitles the Plaintiff to recover actual and punitive damages as previously described.

G. RELIEF

The Plaintiff prays a judgment of this Court against the Defendant, awarding Plaintiff as actual damages, along with pre- and post-judgment interest thereon, the sum of $500,000.00 and the sum of $1,000,000.00 in punitive damages. The Plaintiff further prays that the Defendant be required to pay the costs of this action and reasonable attorneys' fees. The Plaintiff prays for such other and further relief to which the Plaintiff may be justly entitled.

Respectfully submitted,