Q: Florida: Answer to complaint for non payment of promissory note to buy LLC member interest. Affirmative defenses
Selling LLC member created situation for company that was hurting company. No option but to buy member's interest as company was fading in an effort to save the company. Basically the buying member was under duress. Can affirmative defense of Unclean Hands be introduced into complaint answer because seller forced the agreement by his poor actions that were hurting the company which he knew. Buying member first offered his interest to the offending member when situation arised but was declined. Company has closed and default has occured on promissory note.
A: "Unclean hands" is generally only a defense to a request for a remedy in equity. I believe this complaint, upon a promissory note, is an action "at law" as opposed to "in equity". So no, not in my opinion.
1 user found this answer helpful
A:
No way to give advice about what defense or defenses are or would be available without first reviewing the lawsuit ect.
You need to hire a lawyer ASAP to represent you on this situation.
Good luck,
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