Attorneys for Chuck and Connie Hildebrant make the claim in documents filed in Boone County Circuit Court.

Florence sued the Hildebrants and the Freedom's ownership group, Northern Kentucky Professional Baseball, in August claiming they violated a lease with the city.

The Hildebrants personally guaranteed the lease and told the city they had enough assets to cover the cost of the stadium and fulfill the lease obligations.

In the lawsuit, the city claims that the financial statements Hildebrant provided were false. In addition to collecting on the guarantee, the city is asking for punitive damages against the Hildebrants.

Their response, filed by Newport attorney Michael Schulkens, says that the Hildebrants' personal guarantee "is either void, voidable or unlawful and as such not enforceable."

But Florence attorney Thomas Nienaber says that the Hildebrants' response should not be considered because it was not filed by Sept. 15.

On Sept. 17, Boone Circuit Judge Stan Billingsley signed an order giving Hildebrant 30 more days to respond. Hildebrant told the judge he needed more time because he could not find a lawyer who was not involved in the case.

Florence was not notified of the extension and on Sept. 20 asked Billingsley to declare the Hildebrants in default and order the couple to pay Florence missed rent on the stadium. The rent, $197,617, was due in August.

Nienaber wants the judge to deny the Hildebrants' request for more time and declare the couple in default.

"Hildebrant can offer no valid excuse for not filing an answer," Nienaber wrote.

A hearing on Florence's request for a default judgment is Thursday.

E-mail bkelly@enquirer.com