Fill and Sign the Answerdebt Collection Case Utah Courts Form

- 1 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) COMPLAINT ________________________________, Plaintiff, makes the following Complaint against the Defendant _______________________: Jurisdiction 1. ________________________________ is an adult resident citizen of the State of _____________, 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 ______________, 20____, Defendant rented to Plaintiff, on a month to month basis, a trailer located at ________________________________. Plaintiff paid to Defendant $220.00 in rent for _____________, 20_____ and a $______ deposit. The above-described contract complied fully with the applicable laws of the State of _____________ and was fully enforceable. 4. On or about ____________, 20_____, 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 neit her transportation - 2 - 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 ___________, 20____. On this date the Defendant, without probable cause and with malice, instituted criminal procee dings against the Plaintiff in ___________ County, _____________ for house burglary. The Plaintiff was arrested and held in the ___________ County Jail until ___________, 20____, 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 malic ious as to constitute an independent tort. 8. As a direct and proximate result of the Defendant's wrongful conduct as describe d in this Complaint, the Plaintiff has damages in the amount of $500,000.00. Moreover, the Defe ndant'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 punishme nt of the wrongdoing as described herein, deterring the Defendant from similar conduct, and t o 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 obligati ons 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 e nforceable. All conditions precedent to the contractual obligations of the Defendant were s atisfied and the Defendant's obligations were due and owing at the time of default. The evicti on of the Plaintiff by the Defendant was wrongful and accomplished contrary to law. As a direct and proxim ate result of the Defendant's conduct, the Plaintiff has suffered past and future lost of use of t he trailer, increased housing cost, moving expenses, distress, humiliation, embarrassment, physical and em otional 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 malic e, 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 proximate ly caused by the Defendant's - 3 - breach and wrongful eviction. 11. B. BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALINGThe Defendant breached her contract and promises for reasons incompatible with good fa ith 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 we re otherwise abandoned) and as a direct and proximate result of the Defendant's conduct, the Pla intiff 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 ge neral damages. The conduct of the Defendant was attended by such malice, insult, and abuse that i t constituted an independent tort, thus entitling the Plaintiff to recover punitive damages as well as actual dam ages. 13. D. ABUSE OF PROCESS After process of criminal proceedings issued, the Defendant used the process agai nst 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, w hich he could not legally be compelled to do. The Defendant acted out of ulterior motive in using the proces s. Her actions were improper and malicious and calculated to procure an unfair advantage over the P laintiff. 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, l oss 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 constitut ed 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 - 4 - 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 des cribed was outrageous, wholly without legal or factual justification, was-malicious and wa nton, 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 Pla intiff 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 Pl aintiff prays for such other and further relief to which the Plaintiff may be justly entitled. Respectfully submitted, ________________________________ ________________________________ His /Attorney