ANSWER TO COMPLAINT

Table of Contents

1. Caption and Case Information
2. Response to Allegations
3. Affirmative Defenses
4. Counterclaims
5. Prayer for Relief
6. Verification and Signature

1. Caption and Case Information

[STATE] [COURT NAME]
[COUNTY/DISTRICT]

COMES NOW Defendant, [YOUR FULL LEGAL NAME], appearing pro se, and in Answer to the Complaint filed by [PLAINTIFF NAME], states as follows:

2. Response to Allegations

General Denial

☐ Option A — General Denial: Defendant denies each and every allegation in the Complaint not specifically admitted herein.

☐ Option B — Specific Responses: Defendant responds to each numbered paragraph of the Complaint as follows:

Paragraph 1: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny
Response: [EXPLANATION IF NEEDED]

Paragraph 2: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny
Response: [EXPLANATION IF NEEDED]

Paragraph 3: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny
Response: [EXPLANATION IF NEEDED]

Paragraph 4: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny
Response: [EXPLANATION IF NEEDED]

Paragraph 5: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny
Response: [EXPLANATION IF NEEDED]

Specific Denials

Defendant specifically denies:

☐ That Defendant owes the amount claimed of $[AMOUNT] or any amount to Plaintiff
☐ That Plaintiff is the proper holder or owner of the alleged debt
☐ That a valid contract exists between Defendant and Plaintiff
☐ That Plaintiff has standing to bring this action
☐ That the amount claimed is accurate
☐ That the alleged account was opened or used by Defendant
☐ [OTHER SPECIFIC DENIAL]

3. Affirmative Defenses

Defendant asserts the following affirmative defenses:

FIRST AFFIRMATIVE DEFENSE — Statute of Limitations

☐ The claims asserted are barred in whole or in part by the applicable statute of limitations. The alleged debt is outside the [NUMBER]-year statute of limitations for [contract type] in [STATE] under [STATE STATUTE CITATION].

SECOND AFFIRMATIVE DEFENSE — Lack of Standing

☐ Plaintiff lacks standing to bring this action. Plaintiff has failed to establish that it is the owner or holder of the alleged debt with a complete, documented chain of assignment from the original creditor, [ORIGINAL CREDITOR NAME], to Plaintiff.

THIRD AFFIRMATIVE DEFENSE — Failure to State a Claim

☐ The Complaint fails to state a claim upon which relief can be granted. Plaintiff has failed to attach the original signed agreement or contract, or any competent evidence establishing the existence of a valid, enforceable obligation.

FOURTH AFFIRMATIVE DEFENSE — Lack of Privity

☐ No contractual privity exists between Defendant and Plaintiff. Defendant never entered into any agreement with Plaintiff, and Plaintiff has not produced a valid assignment of the alleged debt.

FIFTH AFFIRMATIVE DEFENSE — Account Stated Not Established

☐ Plaintiff cannot establish an account stated because Defendant never received or agreed to any final accounting from Plaintiff, and Defendant has disputed the amount claimed.

SIXTH AFFIRMATIVE DEFENSE — Failure to Mitigate Damages

☐ Plaintiff failed to mitigate its damages by [DESCRIBE FACTS].

SEVENTH AFFIRMATIVE DEFENSE — Payment / Accord and Satisfaction

☐ The alleged debt has been paid, settled, or otherwise satisfied. [DESCRIBE FACTS, INCLUDING DATES AND AMOUNTS]

EIGHTH AFFIRMATIVE DEFENSE — Improper Service

☐ Defendant was not properly served in accordance with [STATE] rules of civil procedure.

NINTH AFFIRMATIVE DEFENSE — FDCPA Violations

☐ Plaintiff and/or its agents have violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., by [DESCRIBE VIOLATIONS — e.g., failing to validate the debt, making false representations, engaging in unfair practices].

TENTH AFFIRMATIVE DEFENSE — Reservation

☐ Defendant reserves the right to assert additional affirmative defenses as discovery progresses and additional facts become known.

4. Counterclaims

☐ Check if asserting counterclaims

Counterclaim I — FDCPA Violations (15 U.S.C. § 1692 et seq.)

Defendant/Counter-Plaintiff alleges that Plaintiff/Counter-Defendant violated the Fair Debt Collection Practices Act as follows:

☐ Filed suit without possessing adequate documentation to verify the debt (15 U.S.C. § 1692e)
☐ Made false, deceptive, or misleading representations (15 U.S.C. § 1692e)
☐ Attempted to collect an amount not authorized by the agreement or law (15 U.S.C. § 1692f(1))
☐ Failed to provide required debt validation notice (15 U.S.C. § 1692g)
☐ Continued collection activity after receiving written dispute without providing verification (15 U.S.C. § 1692g(b))
☐ [OTHER FDCPA VIOLATION]

Damages Sought:
- Actual damages in the amount of $[AMOUNT]
- Statutory damages up to $1,000 (15 U.S.C. § 1692k(a)(2)(A))
- Reasonable attorney's fees and costs (15 U.S.C. § 1692k(a)(3))

5. Prayer for Relief

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint with prejudice;
2. Award Defendant costs of this action;
3. If counterclaims are asserted, award Defendant actual damages, statutory damages, attorney's fees, and costs as provided by law;
4. Grant such other and further relief as the Court deems just and proper.

6. Verification and Signature

Respectfully submitted,

_______________________________________
[YOUR SIGNATURE]

[YOUR FULL LEGAL NAME], Pro Se
[YOUR ADDRESS]
[CITY, STATE ZIP]
[YOUR PHONE NUMBER]
[YOUR EMAIL ADDRESS]

Date: [DATE]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of this Answer was served upon:

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

☐ By U.S. Mail, first class, postage prepaid
☐ By certified mail, return receipt requested
☐ By hand delivery
☐ By electronic filing/service (if permitted by court)

_______________________________________
[YOUR SIGNATURE]

Date: [DATE]

FILING CHECKLIST

☐ Obtained copy of Complaint and all exhibits from clerk or process server
☐ Researched state-specific answer deadline: [NUMBER] days from date of service
☐ Date served: [DATE]
☐ Answer deadline: [DATE]
☐ Responded to each numbered paragraph of Complaint
☐ Included applicable affirmative defenses
☐ Signed and dated Answer
☐ Made copies (original for court, one for plaintiff, one for your records)
☐ Filed with court clerk and paid filing fee (if any): $[AMOUNT]
☐ Served copy on plaintiff/plaintiff's attorney
☐ Completed Certificate of Service