[STATE] [COURT NAME]

[COUNTY] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v.

[YOUR NAME],
Defendant.

Case No.: [CASE NUMBER]
Judge: [JUDGE NAME, if assigned]
Department/Division: [DEPARTMENT, if applicable]

DEFENDANT'S ANSWER TO COMPLAINT

COMES NOW, [YOUR NAME], Defendant in the above-captioned matter, appearing pro se [OR: by and through undersigned counsel], and hereby files this Answer to Plaintiff's Complaint, and states as follows:

PRELIMINARY STATEMENT

1. Defendant denies each and every allegation in Plaintiff's Complaint not expressly admitted herein.

2. In responding to the Complaint, Defendant does not admit the genuineness or authenticity of any document referenced by Plaintiff unless expressly stated.

3. Defendant reserves the right to amend this Answer to add additional defenses and/or counterclaims as discovery may reveal.

RESPONSES TO ALLEGATIONS

[// GUIDANCE: Respond to each numbered paragraph of the Complaint. For each allegation, you must ADMIT, DENY, or state you lack sufficient knowledge to admit or deny.]

Response to Paragraph 1

[PLAINTIFF'S ALLEGATION FROM PARAGRAPH 1]

☐ ADMITTED
☐ DENIED
☐ DENIED FOR LACK OF KNOWLEDGE: Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 1 and therefore denies same.

Response to Paragraph 2

[PLAINTIFF'S ALLEGATION FROM PARAGRAPH 2]

☐ ADMITTED
☐ DENIED
☐ DENIED FOR LACK OF KNOWLEDGE: Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 2 and therefore denies same.

Response to Paragraph 3

[PLAINTIFF'S ALLEGATION FROM PARAGRAPH 3]

☐ ADMITTED
☐ DENIED
☐ DENIED FOR LACK OF KNOWLEDGE: Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 3 and therefore denies same.

Response to Paragraph 4

[PLAINTIFF'S ALLEGATION FROM PARAGRAPH 4]

☐ ADMITTED
☐ DENIED
☐ DENIED FOR LACK OF KNOWLEDGE: Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 4 and therefore denies same.

Response to Paragraph 5

[PLAINTIFF'S ALLEGATION FROM PARAGRAPH 5]

☐ ADMITTED
☐ DENIED
☐ DENIED FOR LACK OF KNOWLEDGE: Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 5 and therefore denies same.

[// GUIDANCE: Continue for each paragraph of the Complaint. Add or remove sections as needed.]

Response to Paragraphs [X] through [Y]

Defendant denies each and every allegation contained in Paragraphs [X] through [Y] of the Complaint.

General Denial

To the extent any allegations in the Complaint have not been specifically addressed above, Defendant denies same.

AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses. By asserting these defenses, Defendant does not admit any fact or element of Plaintiff's claims but rather preserves all defenses available under law.

[// GUIDANCE: Check all defenses that may apply. You can raise multiple defenses in the alternative.]

First Affirmative Defense: Statute of Limitations

☐ Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. The alleged debt became due more than [NUMBER] years ago, and the [NUMBER]-year statute of limitations for [written contracts / open accounts / other] under [STATE STATUTE CITATION] has expired.

Second Affirmative Defense: Lack of Standing

☐ Plaintiff lacks standing to pursue this action. Plaintiff has failed to establish that it is the proper party to bring this claim, has failed to document a valid assignment of the alleged debt, or has failed to prove it owns the debt.

Third Affirmative Defense: Failure to State a Claim

☐ Plaintiff's Complaint fails to state a claim upon which relief can be granted.

Fourth Affirmative Defense: Statute of Frauds

☐ Plaintiff's claims are barred by the statute of frauds. The alleged agreement, if any, was not memorialized in a writing signed by Defendant as required by law.

Fifth Affirmative Defense: Accord and Satisfaction

☐ Plaintiff's claims are barred by accord and satisfaction. The alleged debt was previously settled and satisfied.

Sixth Affirmative Defense: Payment

☐ Plaintiff's claims are barred because the alleged debt has been paid in full.

Seventh Affirmative Defense: Discharge in Bankruptcy

☐ The alleged debt was discharged in Defendant's bankruptcy proceeding. Case No. [BANKRUPTCY CASE NUMBER], [COURT], discharge entered [DATE].

Eighth Affirmative Defense: Lack of Contract/No Agreement

☐ Defendant denies entering into any contract or agreement with Plaintiff or Plaintiff's predecessor. Plaintiff cannot produce a valid, signed agreement.

Ninth Affirmative Defense: Breach of Contract by Plaintiff

☐ If any contract existed (which is denied), Plaintiff or its predecessor breached the contract first, excusing Defendant's performance.

Tenth Affirmative Defense: Failure to Provide Validation

☐ Plaintiff or its agent failed to provide proper debt validation as required by the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692g.

Eleventh Affirmative Defense: FDCPA Violations

☐ Plaintiff's claims are subject to offset or recoupment based on Plaintiff's violations of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seq.

Twelfth Affirmative Defense: Unconscionability

☐ The alleged contract, if any, is unconscionable and therefore unenforceable.

Thirteenth Affirmative Defense: Laches

☐ Plaintiff's claims are barred by the doctrine of laches due to unreasonable delay in bringing this action, which has prejudiced Defendant.

Fourteenth Affirmative Defense: Failure of Consideration

☐ The alleged agreement, if any, is void for failure of consideration.

Fifteenth Affirmative Defense: Identity Theft/Fraud

☐ The alleged account was opened through identity theft or fraud. Defendant did not open, authorize, or benefit from the alleged account.

Sixteenth Affirmative Defense: Wrong Party

☐ Defendant is not the person who incurred the alleged debt. Plaintiff has sued the wrong party.

Seventeenth Affirmative Defense: Amount Disputed

☐ Defendant disputes the amount claimed. The amount alleged is incorrect, contains improper charges, or has not been properly calculated.

Eighteenth Affirmative Defense: Account Stated

☐ Plaintiff cannot establish an account stated as required to pursue this claim.

Nineteenth Affirmative Defense: Lack of Privity

☐ There is no privity of contract between Defendant and Plaintiff.

Twentieth Affirmative Defense: Waiver/Estoppel

☐ Plaintiff has waived its claims or is estopped from pursuing them based on its conduct.

Reservation of Additional Defenses

Defendant reserves the right to assert additional affirmative defenses as may be revealed through discovery or as may become applicable.

COUNTERCLAIMS

[// GUIDANCE: Include counterclaims if you have been harmed by the collector's conduct. FDCPA violations are common counterclaims in debt collection cases.]

☐ No Counterclaims at This Time: Defendant does not assert counterclaims at this time but reserves the right to amend to add counterclaims.

☐ Counterclaim Included Below:

COUNTERCLAIM FOR VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT

Counter-Plaintiff [YOUR NAME] brings this Counterclaim against Counter-Defendant [PLAINTIFF/COLLECTOR NAME] and alleges:

1. Counter-Plaintiff is a "consumer" as defined by 15 U.S.C. Section 1692a(3).

2. Counter-Defendant is a "debt collector" as defined by 15 U.S.C. Section 1692a(6).

3. Counter-Defendant engaged in the following conduct in violation of the FDCPA:

☐ [DESCRIBE SPECIFIC FDCPA VIOLATIONS - e.g., harassment, false representations, failure to validate, etc.]

4. Counter-Defendant's violations include, but are not limited to:
   - Violation of 15 U.S.C. Section [SPECIFIC SECTIONS]

5. As a result of Counter-Defendant's violations, Counter-Plaintiff has suffered actual damages, including but not limited to [DESCRIBE DAMAGES].

6. Counter-Plaintiff is entitled to statutory damages up to $1,000 pursuant to 15 U.S.C. Section 1692k(a)(2)(A).

7. Counter-Plaintiff is entitled to reasonable attorney's fees and costs pursuant to 15 U.S.C. Section 1692k(a)(3).

WHEREFORE, Counter-Plaintiff requests judgment against Counter-Defendant for:
- Actual damages in an amount to be proven at trial
- Statutory damages of $1,000
- Reasonable attorney's fees and costs
- Such other relief as the Court deems just

DEMAND FOR DOCUMENTATION

Pursuant to applicable discovery rules, Defendant demands that Plaintiff produce the following:

1. The original signed credit agreement or contract
2. Complete account statements from account opening to present
3. Complete chain of assignment/ownership documentation
4. All communications sent to Defendant
5. All internal notes and records regarding this account
6. Documentation of the amount claimed, including calculation of interest and fees

DEMAND FOR JURY TRIAL

☐ Defendant hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice;

B. Enter judgment in favor of Defendant on all claims;

C. Enter judgment in favor of Defendant on Defendant's Counterclaims (if asserted);

D. Award Defendant costs of suit and reasonable attorney's fees;

E. Award such other relief as the Court deems just and proper.

VERIFICATION

[// GUIDANCE: Some jurisdictions require verification. Check local rules.]

STATE OF [STATE]
COUNTY OF [COUNTY]

I, [YOUR NAME], being duly sworn, state that I am the Defendant in this action, that I have read the foregoing Answer, and that the statements made therein are true to the best of my knowledge, information, and belief.

_______________________________________
[YOUR SIGNATURE]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

_______________________________________
Notary Public

My Commission Expires: _______________

SIGNATURE AND CERTIFICATE OF SERVICE

Dated: [DATE]

Respectfully submitted,

_______________________________________
[YOUR SIGNATURE]

[YOUR NAME], Pro Se
[OR: [ATTORNEY NAME], Bar No. [NUMBER]]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a true and correct copy of this Answer upon Plaintiff's counsel by:

☐ First-class U.S. Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email to: [EMAIL ADDRESS]
☐ Electronic Filing System

Addressed to:
[PLAINTIFF'S ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[CITY, STATE ZIP]

_______________________________________
[YOUR SIGNATURE]

[// GUIDANCE:

CRITICAL INSTRUCTIONS FOR DEFENDANTS:

1. DEADLINE TO RESPOND

• Your Answer is typically due within 20-30 days of being served (varies by state)
• If you were served by publication or other alternative means, different deadlines may apply
• Missing the deadline will likely result in a DEFAULT JUDGMENT against you
• Check the summons for the exact deadline

2. HOW TO FILE

• File the original Answer with the Court Clerk
• Keep a copy for your records
• Serve a copy on Plaintiff's attorney (see Certificate of Service)
• Pay any required filing fee (or file for fee waiver if you cannot afford it)

3. GENERAL DENIAL IS RISKY

• Some jurisdictions don't allow general denials
• It's better to respond to each paragraph specifically

4. AFFIRMATIVE DEFENSES

• You MUST raise affirmative defenses in your Answer or you may waive them
• The statute of limitations is an affirmative defense that can be waived if not raised
• When in doubt, include more defenses rather than fewer

5. AFTER FILING

• The case will proceed to discovery
• You may receive interrogatories, document requests, etc.
• Respond to all discovery requests on time
• Attend all court dates

6. CONSIDER AN ATTORNEY

• Debt collection cases can be complex
• Many consumer protection attorneys offer free consultations
• Some work on contingency for FDCPA counterclaims
• Legal aid may be available if you cannot afford an attorney

7. DO NOT IGNORE THE LAWSUIT

• Ignoring the lawsuit will result in a default judgment
• A default judgment can lead to wage garnishment, bank levy, and property liens
• Even if you owe the debt, you may have valid defenses]