How to respond to fraudulent claims
If you have been sued and served with a complaint, which is completely fraudulent, Florida judges have the authority, under Florida Rule of Civil Procedure 1.150, to set aside the complaint in its infancy. A false allegation is a complaint, petition, etc. that appears to be in a proper format, but is actually false, and is not alleged or presented in good faith. Specifically, a Florida court in a 1934 case, Rhea v. Hackney, defined a false allegation as “palpably or inherently false, and by the clear or recognized facts in the case, the making party must have known that it is not true”.
For example, if an angry former business associate served you with a complaint (allegation) stating that he owns your vehicle, in which he did business with the person suing you, and you can show that he is the rightful owner and his former business partner falsely claim the vehicle is theirs, a Florida court must throw out the lawsuit.
For an allegation to be a “false” allegation, the person or entity making the allegation must have made the allegation “unsubstantiated.” It is a hoax when it is inherently, or completely false, and in consideration of the recognized facts, the person or entity presenting it must have known that it is completely false. If it is clearly established that perjured testimony has been given, a Florida court can cite the person in contempt and possibly send them to the Florida State Attorney’s Office for investigation. The court will also set aside an allegation, or sworn testimony, that has been clearly and indisputably proven before the court to be a false allegation.
If you have received a report that you believe is inherently false, you should speak with an attorney before you need to respond to the report. Don’t just sit back and do nothing. Otherwise, you risk having the court find a default against you based on a complaint, which contains inherently false information. Often, defendants in small claims court cannot afford to hire an attorney. If this is the case, you can file a motion to quash a pleading as a farce. She will need to prepare a statement of facts and have it notarized. After you file the motion to quash a false plea, the judge must schedule a hearing on your motion. Here, the judge will listen to both sides and review all the evidence. If, for example, the issue is car ownership, you must write the facts that support that the car is really yours on your affidavit and include a bill of sale showing you bought the car and a title and registration showing show that the car is in fact your car and is registered as your car.
A judge will reject the allegation as a false allegation only if the plaintiff and defendant do not dispute the relevant facts, and only if the allegation or claim is not supported by the facts. If the complaint filed against you is supported by even some amount of evidence, then the judge cannot find the complaint to be a hoax.
Remember that if you have received a complaint, whether or not you believe it is based on false information, you should immediately speak to a lawyer.
Disclaimer: This article is for general information only and should not be construed as formal legal advice or the formation of an attorney/client relationship. If you have received a complaint, you should always speak to a lawyer immediately. The hiring of an attorney is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented on this site or the submission of any form or email should not be construed as formal legal advice or the formation of an attorney/client relationship.
