Answer to Debt Collection Lawsuit

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]

Defendant, [YOUR FULL LEGAL NAME], answers the Complaint filed by [PLAINTIFF NAME] as follows:

2. Response to Allegations

Defendant responds to each numbered paragraph below. Add rows for every remaining paragraph and any exhibits or attachments that contain allegations. For each row, select one response and provide any necessary explanation:

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]

Additional numbered paragraphs: [PARAGRAPH NUMBER]: ☐ Admit ☐ Deny ☐ Lack sufficient knowledge to admit or deny. Explanation: [FACTS, IF NEEDED]

Partial admissions or denials: [PARAGRAPH NUMBER AND PRECISE PART ADMITTED OR DENIED]

3. Affirmative Defenses

Defendant asserts only the defenses selected below, each supported by the stated facts and applicable law. Remove any unused rows.

☐ Limitations: The governing [STATE] period for [TYPE OF CLAIM] is [NUMBER] years under [EXACT CURRENT STATE CITATION]. The claim accrued on [DATE]; the action was filed on [DATE]. Facts supporting this defense: [FACTS].

☐ Payment, settlement, or satisfaction: Defendant paid or otherwise discharged [AMOUNT OR PORTION] on [DATE] by [METHOD]. Supporting records: [RECORDS]. Governing law: [CITATION].

☐ Identity, amount, or assignment dispute: Defendant contests [SPECIFY ALLEGATION]. Facts: [FACTS]. This is stated as a denial unless [EXACT GOVERNING LAW] makes it an affirmative defense.

☐ Other defense under governing law: [NAME AND EXACT CITATION]. Facts supporting every element: [FACTS].

Defendant does not assert an FDCPA violation as an automatic defense to the debt. Any such claim must be separately supported and pleaded, if permitted, as a counterclaim below.

4. Counterclaims

☐ Assert the counterclaim below only if this court has jurisdiction, the claim is timely, and the facts establish FDCPA coverage. Otherwise remove this entire section.

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

Defendant/Counter-Plaintiff alleges that Plaintiff/Counter-Defendant is a covered debt collector under 15 U.S.C. § 1692a(6), collecting an alleged consumer debt under § 1692a(5), based on: [FACTS]. The counterclaim arises from the following specific acts; remove unused lines:

☐ False representation (§ 1692e): On [DATE], [PERSON] stated [EXACT WORDS OR DOCUMENT]. The statement was false or misleading because [FACTS].

☐ Unauthorized amount (§ 1692f(1)): The collector sought [AMOUNT OR CHARGE] on [DATE]. It was not expressly authorized by the agreement creating the debt or permitted by law because [AGREEMENT TERM AND GOVERNING LAW].

☐ Validation notice (§ 1692g(a)): The initial covered communication was [COMMUNICATION AND DATE]. The required notice was absent or deficient in this respect: [FACTS]. A formal civil pleading alone is not an initial communication under § 1692g(d).

☐ Collection after timely written dispute (§ 1692g(b)): Defendant received the validation notice on [DATE] and sent a written dispute or original-creditor request to the collector on [DATE], within the statutory thirty-day period. Before the collector mailed the applicable verification, judgment copy, or original-creditor information, it undertook these collection acts: [DATES AND ACTS].

☐ Other specified FDCPA provision: [SECTION, CONDUCT, DATE, AND FACTS].

The alleged violation occurred on [DATE]. This counterclaim is brought within the one-year period in § 1692k(d), subject to any applicable legal analysis of accrual or tolling.

Damages Sought:

• Actual damages caused by the violation, if proven: $[AMOUNT].
• Such additional damages as the court may allow, up to $1,000 for this individual action (15 U.S.C. § 1692k(a)(2)(A)).
• Costs and a reasonable attorney's fee as determined by the court in a successful action (15 U.S.C. § 1692k(a)(3)).

5. Prayer for Relief

WHEREFORE, Defendant respectfully requests that this Court:

1. Enter judgment for Defendant on claims Plaintiff has not proved, with dismissal as permitted by governing law;
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)
☐ Checked the court's filing method, deadline, and any filing fee or waiver; filed as required
☐ Served copy on plaintiff/plaintiff's attorney
☐ Completed Certificate of Service