Brad Miller’s Complaint

by | Dec 14, 2021 | Samples legal papers

IN THE CIRCUIT COURT OF THE 

 

BRAD MILLER     §

Plaintiff,     §

  1.     § Case No.

EX-WIFE and DARRELL     §

HIGGINBOTHAM     §

Defendants.     §

 

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES Brad Miller, Plaintiff, complaining of Defendants, Ms. Ex-wife and Mr. Darrell Higginbotham, and for cause would show this Honorable Court as follows:

  • NATURE OF THE ACTION
  1. This is an action brought by the Plaintiff against the Defendants, for abuse of a disabled elder and assault.
  2. The Plaintiff alleges that the Defendants abused him by exploiting him and assaulting him. For this cause of action and others discussed herein, the Plaintiff seeks compensation.

  • PARTIES
  1. Plaintiff Brad Miller is a 73-year old, law-abiding male adult and a resident of Address.
  2. Ex-wife is a age female adult of sound mind and a resident of Address.
  3. Darrell Higginbotham is a age male adult of sound mind and a resident of address.

  • JURISDICTION AND VENUE
  1. Jurisdiction exists in this Court pursuant to Article V of Florida Constitution.
  2. Venue is proper in this court because the causes of action occurred within Jurisdiction.

  • FACTS
  1. The following events happened on diverse dates in January and February 2019.
  2. Plaintiff had an agreement with Mr. Higginbotham that allowed him to operate a workshop on Plaintiff’s property for 5 years. The contract allowed Mr. Higginbotham to be on the property 7 days a week.
  3. Ex-wife became distant from the Plaintiff and began spending time with Mr. Higginbotham. Her excuse was that she was learning about rebuilding greenhouses and growing palms.
  4. Plaintiff believed what Ex-wife told him and trusted her. 
  5. Plaintiff sold many items to buy and build a safari tent. He also opened an Airbnb that made $2,000 a month. The amount increased to $4,000 a month when Airstream was added.
  6. On February 27th 2019, Plaintiff got an alert from Bank of America that his Credit Card was used at an adult shop in Fort Pierce to buy some outfits for Ex-wife’s use as a stripper at Lido Cabriolet. Plaintiff discovered that Ex-wife had applied and received the credit card in Plaintiff’s name. 
  7. Ex-wife never told Plaintiff that she applied for the credit card in Plaintiff’s name. When Plaintiff confronted her about it, she gave him a non-valid credit card. Plaintiff instructed Bank of America to cancel the credit card, which they did.
  8. Plaintiff got disturbed by the fact that Ex-wife was a stripper and told her to leave if she didn’t stop being a stripper. She left and returned. Plaintiff asked Ex-wife to spend a few nights at Merritt Island with one of her boyfriends. She refused to return and showed up 10 days later.
  9. Plaintiff needed Ex-wife’s help but she neglected him.
  10. Ex-wife later told Plaintiff that she had an affair with Mr. Higginbotham and they were in love. This made Plaintiff devastated to an extent of bringing back Plaintiff’s 20 years of Post-Traumatic Stress Disorder (PTSD) to an acute stage. 
  11. Ex-wife’s actions have caused Plaintiff a lot of psychological trauma. He wakes up sweating as his minds plays over and over the fraud and neglect caused by E-wife.
  12. On March 3rd 2019, Ex-wife told Plaintiff to disconnect her phone. Plaintiff went ahead and disconnected her phone.
  13. On March 8th 2019, Plaintiff was served with an injunction from Ex-wife for stalking. The injunction was fraudulently obtained as it was based upon perjured testimony from Ex-wife. She lied that Plaintiff had abused her by hitting her and pulling her by her hair. She admitted to Plaintiff that she had to lie as it was the only way to be granted the injunction.
  14. On March 13th 2019, Ex-wife approached Plaintiff and told him that she would withdraw the injunction against him only if he signed a contract that would ensure she stayed on the property. 
  15. On March 15th 2019, Plaintiff woke up with extreme anxiety. He took three strong Xanax pills before heading to the courthouse to sign the contract.
  16. Plaintiff was visually impaired. He couldn’t read. He asked Ex-wife to confirm the details of the contract he was about to sign. Ex-wife confirmed that the contract was good and Plaintiff signed it. The injunction against Plaintiff was withdrawn.
  17. Plaintiff later discovered that the contract he signed at the courthouse was a Quit Claim, which meant he lost everything he had worked for to Ex-wife.
  18. On March 18th 2019, Ex-wife informed Plaintiff that she wanted a divorce. Plaintiff agreed.
  19. On April 1st 2019, the divorce was finalized and Plaintiff was asked to leave the property with his trailer.
  20. On April 24th 2019, Ex-wife used Plaintiff’s PayPal account to pay Legal Zoom to procure LLCs for Plaintiff’s palm business, for herself. She changed the password to procure the LLCs and cancelled the purchase few days later. She then changed back the password.
  21. Ex-wife promised to pay Plaintiff 20% of all proceeds from the Airbnb Plaintiff had bought. She only paid for one month.
  22. In May 2019, Ex-wife stole Plaintiff’s palm business. She called suppliers and informed them that onwards, she was the one selling them palms and not Plaintiff. She even took out web addresses relating to the palm business.
  23. Ex-wife hacked Plaintiff’s email accounts. She also stole trade secrets that she uses to run the palm business that she stole from Plaintiff. 
  24. On Date and Date, Mr. Higginbotham stopped Plaintiff at the mail box and threatened to kill him if he came back. He then brandished his hammerless .38 pistol. 
  25. Fearing for his life, Plaintiff left for New York and has been living in fear that Mr. Higginbotham might find him and kill him or send someone to kill him instead.

  • FINANCIAL EXPLOITATION OF AN ELDERLY PERSON WITH DISABILITY
  1. Criminal Financial Exploitation 720 ILCS 5/17-56(a) states that a person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly:
  1. By deception or intimidation obtains control over the property of an elderly person or a person with disability; or
  2. Illegally uses the assets or resources of an elderly person or a person with a disability.
  1. Criminal Financial Exploitation 720 ILCS 5/17-56(c) states that for purposes of this section:
  1.  “Elderly person” means a person 60 years or older.
  2. “Person with a disability” means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual’s mental or physical ability to independently manage his or her property or financial resources, or both.
    1. Criminal Financial Exploitation 720 ILCS 5/17-56(g) states that a civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
    2. At the time of cause of action, Plaintiff was 71 years old. Plaintiff was also visually impaired. It totally hampered his efforts to understand the contents of the document he signed at the courthouse.
    3. Ex-wife was in a position of trust. Plaintiff completely trusted her because they had been married for 8 years.
  • Ex-wife obtained control over Plaintiff’s property and business by knowingly deceiving and intimidating Plaintiff. She fraudulently obtained a credit card in Plaintiff’s name without Plaintiff’s knowledge and consent. She hacked Plaintiff’s emails and took over his palm business and PayPal account. She committed perjury to obtain an injunction against Plaintiff. Ex-wife blackmailed Plaintiff by promising to withdraw the fraudulently-obtained injunction if Plaintiff signed a document. She did not reveal the contents of the document but failed to disclose that it was a Quit Claim which made Plaintiff lose everything. Ex-wife’s actions amount to deception and intimidation.
  • As a result of Ex-wife’s actions, Plaintiff lost all he had. Since then, he has had no source of income as his palm business was stolen by Ex-wife. He has lived in a trailer and state parks where low cost or free camping was available. Plaintiff has also developed Post-Traumatic Stress Disorder which is getting worse.


  • ASSAULT
  1. Section 784.011 of the Florida Statues defines assault as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so and doing some act which creates a well-founded fear in such other person that such violence is imminent.
  2. Darrell Higginbotham accosted Plaintiff at the mailbox. Mr. Higginbotham threatened to kill Plaintiff. Plaintiff was a frail 71-year old man at the time. Mr. Higginbotham brandished his hammerless .38 pistol to show Plaintiff he was serious about his threat.
  3. Plaintiff had to flee to New York in fear of his life. Even in New York, he constantly feared that Mr. Higginbotham would find him and kill him, or send someone to kill him.
  4. Plaintiff requests this Court to grant him a Permanent Restraining Order against Mr. Higginbotham.

  • PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. Judgment in favor of Plaintiff;
  2. Compensation by Ex-wife pursuant to Criminal Financial Exploitation 720 ILCS 5/17-56(g) for Financial Exploitation of an Elderly Person with Disability;
  3. Punitive damages for Financial Exploitation of an Elderly Person with Disability and psychological trauma caused by PTSD;
  4. Permanent Restraining Order against Mr. Higginbotham, or a Temporary Restraining Order pending hearing for Permanent Restraining Order;
  5. Punitive damages for assault;
  6. Award Plaintiff costs of this suit and attorney fees as allowed by law;
  7. Such equitable relief as may be appropriate under the circumstances; and
  8. Award such further relief as this Honorable Court deems necessary and proper.

 

Respectfully Submitted,

______________________________

Brad Miller

Address

State & ZIP Code

Phone number

Email

VERIFICATION

I, Brad Miller, being duly sworn depose and say that I am the Plaintiff in the above entitled action, that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.