Answer to Debt Collection Complaint

DEFENDANT'S ANSWER TO DEBT COLLECTION COMPLAINT

Before filing: Enter the exact case caption, answer every numbered allegation, state only defenses supported by facts and governing law, and check the summons and current court rules for the deadline, filing, service, verification, jury demand, and counterclaim requirements. Remove all unused options and instructions.

Court: [EXACT COURT AND COUNTY]

State: [STATE]

Case number: [NUMBER]

Judge or division, if shown: [NAME OR DIVISION]

Defendant [FULL NAME] answers the complaint as follows:

1. Responses to numbered allegations

For each complaint paragraph, enter its number and choose one response. If a paragraph contains several claims that need different responses, identify each part separately. Add rows to cover every allegation.

As to any exhibit, account, balance, interest, fee, assignment, or other material allegation, Defendant responds as stated for the complaint paragraph that raises it. [IDENTIFY ANY EXHIBIT ALLEGATION REQUIRING A SEPARATE RESPONSE UNDER THE COURT'S RULES.]

2. Defenses

Defendant asserts only the following defenses supported by the facts stated below and by [IDENTIFY APPLICABLE STATE LAW OR COURT RULE].

Defense 1 — [NAME OF DEFENSE]: [STATE THE MATERIAL FACTS, RELEVANT DATES, AND WHY THEY APPLY TO THE CLAIM. FOR A LIMITATIONS DEFENSE, IDENTIFY THE PARTICULAR CLAIM, APPLICABLE PERIOD, ACCRUAL AND ANY TOLLING OR REVIVAL FACTS, WITH THE CURRENT STATE CITATION.]

Defense 2 — [NAME OF DEFENSE / REMOVE IF UNUSED]: [STATE THE MATERIAL FACTS AND APPLICABLE AUTHORITY.]

Defense 3 — [NAME OF DEFENSE / REMOVE IF UNUSED]: [STATE THE MATERIAL FACTS AND APPLICABLE AUTHORITY.]

For an assigned account, Defendant's position on assignment and the amount claimed is [STATE WHAT IS ACTUALLY DISPUTED AND WHY / REMOVE IF NOT DISPUTED]. For a payment, settlement, discharge, mistaken identity, or account-opening issue, the relevant facts are [IDENTIFY DATES, AMOUNTS, PERSONS, AND AVAILABLE RECORDS / REMOVE IF NONE].

3. Optional counterclaim — include only if supported and permitted

[REMOVE THIS ENTIRE SECTION IF NO COUNTERCLAIM IS BEING FILED. CHECK THE COURT'S COUNTERCLAIM, PARTY, SERVICE, AND FEE RULES.]

Defendant, as Counterclaimant, brings this counterclaim against [EXACT COUNTER-DEFENDANT NAME AND CAPACITY] under [IDENTIFY CLAIM AND COURT'S JURISDICTIONAL BASIS].

1. The alleged obligation arose from [DESCRIBE PERSONAL, FAMILY, OR HOUSEHOLD TRANSACTION AND FACTS SHOWING COVERAGE UNDER 15 U.S.C. § 1692a(5)].
2. Counterclaimant is a person obligated or allegedly obligated to pay that obligation. Counter-Defendant qualifies as a debt collector under 15 U.S.C. § 1692a(6) because [STATE FACTS ABOUT ITS COLLECTION BUSINESS OR ROLE AND ADDRESS ANY RELEVANT EXCLUSION].
3. On [DATE], Counter-Defendant [DESCRIBE EACH CONCRETE ACT OR OMISSION, PERSON INVOLVED, AND COMMUNICATION]. This violated [IDENTIFY EXACT FDCPA SECTION AND EXPLAIN HOW ITS ELEMENTS ARE MET].
4. For a § 1692g validation claim, the initial communication was [DATE AND FORM]; the notice was [DESCRIBE WHAT WAS SENT OR OMITTED]; Counterclaimant's written dispute or original-creditor request, if the claim depends on one, was [DATE AND METHOD]; and subsequent collection conduct was [SPECIFIC ACTS AND DATES]. A formal civil pleading is not an initial communication under § 1692g(d).
5. The resulting actual damage, if any, is [DESCRIBE DAMAGE AND CAUSATION / STATE NONE CLAIMED]. Counterclaimant seeks the relief the court may award under 15 U.S.C. § 1692k(a), including actual damages if proved, additional damages in an individual action not exceeding $1,000 if awarded, and costs and a reasonable attorney's fee in a successful action if applicable. The alleged violation occurred on [DATE]; § 1692k(d) provides a one-year period for an action to enforce liability.

Counterclaimant requests judgment on this counterclaim for [SPECIFY SUPPORTED RELIEF] and other relief the court finds proper.

4. Jury demand, if authorized and timely

[IF THE SELECTED COURT AND CLAIM ALLOW A JURY AND THE CURRENT RULES' DEMAND, FEE, AND TIMING REQUIREMENTS HAVE BEEN MET: Defendant demands a jury trial on the issues triable by jury. OTHERWISE REMOVE THIS SECTION.]

5. Request for relief

Defendant requests that the Court:

1. Deny Plaintiff relief on any claim Plaintiff does not prove;
2. Enter judgment for Defendant on the claims and defenses established in this case;
3. Award Defendant [IDENTIFY COSTS OR OTHER RELIEF AND ACTUAL LEGAL BASIS, IF AVAILABLE]; and
4. Award the relief requested in Section 3 if a counterclaim is included and proved.

6. Signature

Dated: [__/__/____]

Signature: [________________________________]

Printed name: [________________________________]

Capacity: [DEFENDANT, SELF-REPRESENTED / COUNSEL AND BAR NUMBER]

Mailing address: [________________________________]

Phone: [________________________________]

Email or court-designated service address: [________________________________]

7. Verification, only if required by the selected court

[INSERT THE CURRENT COURT'S REQUIRED VERIFICATION TEXT AND NOTARIZATION OR DECLARATION FORM, IF ANY. OTHERWISE REMOVE THIS SECTION.]

8. Certificate of service

I certify that on [__/__/____], I served this Answer [AND COUNTERCLAIM, IF INCLUDED] on [NAME AND CAPACITY OF RECIPIENT] by [METHOD PERMITTED BY THE SELECTED COURT'S CURRENT RULES] at [ADDRESS OR APPROVED ELECTRONIC SERVICE DESTINATION].

Signature: [________________________________]

Printed name: [________________________________]