Miami Beach, FL asked in Civil Litigation, Business Law, Consumer Law and Contracts for Florida

Q: what to do if Plaintiff, in repo case, falsely claims I "wrongfully and unlawfully detained and concealed the property"

I had a trucking business that went bad because the operator with whom we had a commercial agreement to manage our trucks encounter economic issues, stop paying installments to lending institutions financing our trucks, and any proceedings of operating our trucks. Demands to return our trucks met with threats of leaving them stranded somewhere in the US, and us unable to make them available for repo after payments were defaulted. We informed institutions of the situation and tried to locate the trucks to be picked up by the institutions before they were moved again by the trucking company. We located all except one, still missing. The lending institution correctly requests payment for the outstanding balance; however, they claim in the Complaint to court, that we "wrongfully and unlawfully detained and concealed" the property from them. This is false and they know it. How should we answer this paragraph in the complaint? Thank you so much.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: "[You] deny that portion of Paragraph _____ which alleges that Defendant "wrongfully and unlawfully detained and concealed the property",

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