Answer to Debt Collection Lawsuit (with FDCPA Affirmative Defenses) - Alaska

IN THE [☐ DISTRICT ☐ SUPERIOR] COURT FOR THE STATE OF ALASKA

[____________] JUDICIAL DISTRICT AT [____________]

Case No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Alaska R. Civ. P. 8(b), 8(c), and 12(a)

Defendant, [____________] ("Defendant"), appearing [☐ self-represented / ☐ by and through undersigned counsel], answers the Complaint to Collect a Debt filed by Plaintiff, [____________] ("Plaintiff"), and states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the twenty (20) day period prescribed by Alaska R. Civ. P. 12(a). Defendant reserves all defenses, objections, and rights available under the Alaska Rules of Civil Procedure and applicable law.

2. By filing this Answer, Defendant does not admit that Plaintiff has stated a claim upon which relief may be granted, that Plaintiff owns or has standing to sue upon the alleged debt, that this Court has personal jurisdiction over Defendant, or that venue is proper. Defendant expressly reserves the right to amend under Alaska R. Civ. P. 15.

3. Defendant does not possess the underlying account records and demands that Plaintiff prove, by admissible evidence, the existence, ownership, amount, and enforceability of the alleged debt.

II. RESPONSES TO THE NUMBERED ALLEGATIONS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

10. Pursuant to Alaska R. Civ. P. 8(b), Defendant denies each and every allegation of the Complaint not expressly admitted above and demands strict proof thereof.

III. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not imposed on Defendant by law, and reserving the right to amend or supplement under Alaska R. Civ. P. 15, Defendant asserts the following affirmative defenses under Alaska R. Civ. P. 8(c). Select only those defenses supported by the facts.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under AS 09.10.053, an action upon a contract or liability, express or implied (including most credit-card and open-account debt), must be commenced within three (3) years. Contracts for the sale of goods are subject to a four (4) year period under Alaska's UCC, AS 45.02.725. The alleged debt accrued more than the limitations period before this action was filed, and the claim is time-barred.

☐ Second Defense — Lack of Standing; Failure to Prove Ownership and Chain of Assignment. Plaintiff is not the original creditor and has failed to plead or prove that it owns the alleged debt. Plaintiff must establish a complete, unbroken chain of assignment from the original creditor to Plaintiff, including each bill of sale and assignment specifically identifying Defendant's account. Absent such proof, Plaintiff lacks standing to bring or maintain this action.

☐ Third Defense — Failure to State a Claim. The Complaint fails to state a claim upon which relief can be granted and is subject to dismissal under Alaska R. Civ. P. 12(b)(6).

☐ Fourth Defense — FDCPA Violations; Failure to Validate. Plaintiff and/or its predecessors are "debt collectors" subject to the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and failed to provide the validation notice and verification required by 15 U.S.C. § 1692g and/or engaged in false, deceptive, abusive, or unfair collection practices in violation of 15 U.S.C. §§ 1692d, 1692e, and 1692f, including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed to Collect in Alaska. Plaintiff and/or its predecessors are engaged in the collection agency business and were required to be licensed under AS 08.24 (see AS 08.24.090 (license required); AS 08.24.380 (definitions)). Plaintiff has failed to plead or prove that it held a valid Alaska collection-agency license at all relevant times and is therefore barred from maintaining this action. [Verify whether Plaintiff/assignor is exempt (e.g., banks and certain financial institutions are exempt under AS 08.24.090(b)) and whether the out-of-state-agency provisions of AS 08.24 apply.]

☐ Sixth Defense — Payment, Accord and Satisfaction, Discharge. The alleged debt has been paid, satisfied, settled, released, discharged (including by discharge in bankruptcy), or otherwise extinguished, in whole or in part. Alaska R. Civ. P. 8(c).

☐ Seventh Defense — No Account Stated; No Agreement to the Balance. Defendant never received, reviewed, or assented to the balance alleged and never agreed that the stated sum was a true and correct statement of the account.

☐ Eighth Defense — Statute of Frauds. To the extent Plaintiff relies on an agreement required to be in writing, the claim is barred by the Statute of Frauds. Alaska R. Civ. P. 8(c); AS 09.25.010.

☐ Ninth Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges not authorized by any agreement, unconscionable, or usurious. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Tenth Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. Alaska R. Civ. P. 12(b).

☐ Eleventh Defense — Failure to Mitigate. Plaintiff and/or its predecessors failed to take reasonable steps to mitigate the damages alleged.

☐ Twelfth Defense — Hearsay; Lack of Foundation for Account Records. Plaintiff's account records, affidavits, and computer printouts are inadmissible hearsay and lack the foundation required for the business-records exception under the Alaska Rules of Evidence. Plaintiff cannot establish the records through a witness with personal knowledge of the original creditor's record-keeping practices.

☐ Thirteenth Defense — Reservation of Right to Amend. Defendant reserves the right to assert additional affirmative defenses, counterclaims, cross-claims, or third-party claims that become known through investigation or discovery, consistent with Alaska R. Civ. P. 15.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

11. Defendant demands that, before judgment, Plaintiff produce admissible evidence of each of the following:

a. The signed account agreement, cardholder agreement, or contract under which the alleged debt arose, with all amendments and change-of-terms notices;

b. A complete set of account statements from inception through charge-off, evidencing the transactions, charges, payments, interest, and fees making up the balance claimed;

c. An itemization of the principal, interest, fees, and other charges comprising the amount demanded, with the contractual or statutory authority for each;

d. The complete chain of title — every bill of sale, assignment, and account-transfer document from the original creditor through each intermediate owner to Plaintiff — with the account-level data showing Defendant's account was transferred; and

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt.

V. NOTICE OF POTENTIAL FDCPA COUNTERCLAIM

12. Defendant gives notice that the facts of this matter may give rise to a counterclaim against Plaintiff and/or its predecessors under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., including claims for actual damages, statutory damages up to $1,000, and attorney's fees and costs under 15 U.S.C. § 1692k, and may also support a claim under the Alaska Unfair Trade Practices and Consumer Protection Act, AS 45.50.471 et seq.

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the counterclaim set forth in the attached/following pleading (or in Section [____] of Form CIV-481).

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss Plaintiff's Complaint with prejudice and order that Plaintiff take nothing;

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

C. Award Defendant its costs and reasonable attorney's fees pursuant to Alaska R. Civ. P. 54(d) and 82;

D. Grant Defendant any counterclaim relief asserted herein; and

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

VII. JURY DEMAND

☐ Yes — Defendant demands a trial by jury on all issues so triable, pursuant to Alaska R. Civ. P. 38(b). (A jury demand must be served no later than 10 days after the last pleading directed to the issue; failure to do so waives the right.)

☐ No — Defendant does not demand a jury trial at this time.

VIII. SIGNATURE

DATED this [____] day of [____________], 20[____].

_______________________________________
[____________________________________]
☐ Defendant, self-represented ☐ Attorney for Defendant
Alaska Bar No. (if attorney): [____________]
[Street Address]
[City], AK [____]
Telephone: [____________]
Email: [____________________________________]

IX. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Defendant's Answer and Affirmative Defenses was served on Plaintiff's counsel of record (or on Plaintiff, if unrepresented) in accordance with Alaska R. Civ. P. 5, by the following method:

☐ Alaska Court System TrueFiling (electronic filing/service)
☐ U.S. Mail, first-class postage prepaid
☐ Electronic mail (with consent)
☐ Personal / Hand Delivery

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

_______________________________________
[____________________________________]

ALASKA PRACTICE NOTES

• Answer deadline: 20 days after service of the summons and complaint (Alaska R. Civ. P. 12(a)); 60 days if the State or a State officer/agency is the defendant.
• Official form: "Answer & Counterclaim to Complaint to Collect a Debt," CIV-481 (formal civil cases). Small Claims defendants use SC-3; check the box on CIV-481 to move a small-claims case into District Court under the formal rules.
• Courts: Debt-collection suits are usually filed in the District Court; matters may also proceed in the Superior Court depending on amount. Small claims are heard in the District Court small claims division.
• Statute of limitations on debt: contracts (express or implied), open accounts, written and oral contracts — 3 years (AS 09.10.053); sale of goods under the UCC — 4 years (AS 45.02.725); judgments — 10 years (AS 09.10.040). Verify the period for the specific debt type.
• Licensing: Collection agencies must be licensed under AS 08.24 (license required, AS 08.24.090; definitions, AS 08.24.380). Banks and certain financial/lending institutions and attorneys are exempt (AS 08.24.090(b)). Out-of-state agencies have specific obligations; verify Plaintiff's status before relying on the licensing defense.
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under Alaska R. Civ. P. 13(a).

Sources and References

• Alaska Rules of Civil Procedure: https://public.courts.alaska.gov/web/rules/docs/civ.pdf
• Alaska Court System — Answering a Complaint to Collect a Debt (FAQ, Form CIV-481): https://courts.alaska.gov/shc/debt/answer.htm
• AS 09.10.053 (contract actions — 3 years): https://law.justia.com/codes/alaska/title-9/chapter-10/section-09-10-053/
• AS 08.24 (Collection Agencies): https://law.justia.com/codes/alaska/title-8/chapter-24/
• Alaska DCCED — Regulation of Collection Agencies: https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/CollectionAgencies
• Alaska Unfair Trade Practices and Consumer Protection Act, AS 45.50.471 et seq.: https://law.justia.com/codes/alaska/title-45/chapter-50/article-1/
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• CFPB — time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/