Answer to Debt Collection Lawsuit (with FDCPA Affirmative/Special Defenses) - Connecticut

SUPERIOR COURT OF THE STATE OF CONNECTICUT

JUDICIAL DISTRICT OF [____________] AT [____________]

Docket No. [____________]
Return Date: [__/__/____]

DEFENDANT'S ANSWER AND SPECIAL DEFENSES

Filed Pursuant to Conn. Practice Book §§ 10-46 and 10-50

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

I. APPEARANCE AND PRELIMINARY STATEMENT

1. Appearance is entered on behalf of the Defendant pursuant to Conn. Practice Book §§ 3-1 et seq.

2. This Answer is filed within the time prescribed by Conn. Practice Book § 10-8 (within thirty (30) days after the Return Date, subject to the pleading sequence). Defendant reserves all rights, defenses, and objections available under the Connecticut Practice Book, including the right to move to dismiss (P.B. § 10-30), to request a revision (P.B. § 10-35), and to move to strike (P.B. § 10-39).

3. By filing this Answer, Defendant does not admit that Plaintiff has stated a legally sufficient claim, that Plaintiff owns or has standing to sue upon the alleged debt, or that the amount claimed is correct. Defendant does not have possession of the underlying account documents and demands strict proof of each element of Plaintiff's claim.

II. RESPONSES TO THE NUMBERED ALLEGATIONS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief as to the truth of this allegation and leaves Plaintiff to its proof (treated as a denial).

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief and leaves Plaintiff to its proof.

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief and leaves Plaintiff to its proof.

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief and leaves Plaintiff to its proof.

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief and leaves Plaintiff to its proof.

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant has no knowledge or information sufficient to form a belief and leaves Plaintiff to its proof.

10. Defendant denies each and every allegation of the Complaint not expressly admitted above and demands strict proof thereof at trial.

III. SPECIAL DEFENSES

By way of special defense under Conn. Practice Book § 10-50, and without assuming any burden of proof not imposed on Defendant by law, Defendant alleges the following. Defendant should assert only those special defenses supported by the facts. (Under P.B. § 10-50, facts showing the plaintiff has no cause of action — such as accord and satisfaction, payment, release, the statute of limitations, and the statute of frauds — must be specially pleaded.)

☐ First Special Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Connecticut law, an action on an account or on any simple, implied, or written contract must be brought within six (6) years after the right of action accrues (Conn. Gen. Stat. § 52-576); an action founded on an oral contract must be brought within three (3) years (Conn. Gen. Stat. § 52-581). The alleged debt accrued more than the applicable limitations period before this action was commenced, and the claim is time-barred.

☐ Second Special 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 document specifically identifying Defendant's account. Absent such proof, Plaintiff is not the real party in interest and lacks standing to bring or maintain this action.

☐ Third Special Defense — Failure to State a Legally Sufficient Claim. The Complaint fails to state a claim upon which relief can be granted and is legally insufficient. (This defense is more properly raised by a motion to strike under P.B. § 10-39; it is preserved here.)

☐ Fourth Special 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 Special Defense — Plaintiff Not Licensed as a Consumer Collection Agency. Under Conn. Gen. Stat. § 36a-801, no person shall act within Connecticut as a "consumer collection agency" — a defined term that expressly includes a person engaged in the business of debt buying (Conn. Gen. Stat. § 36a-800(3)) — without first obtaining a consumer collection agency license from the Banking Commissioner. Plaintiff has failed to plead or prove that it holds a valid Connecticut consumer collection agency license, and is therefore barred from collecting or maintaining this action. [verify Plaintiff's licensure with the Connecticut Department of Banking and confirm any applicable exemption under § 36a-800 before relying on this defense.]

☐ Sixth Special 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. (Payment and accord and satisfaction must be specially pleaded under P.B. § 10-50.)

☐ Seventh Special 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. The elements of an account stated are not satisfied.

☐ Eighth Special 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, Conn. Gen. Stat. § 52-550.

☐ Ninth Special Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges that were not authorized by any agreement, are unconscionable, or are usurious under Conn. Gen. Stat. § 37-4 et seq. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Tenth Special Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. (Properly raised by a motion to dismiss under P.B. § 10-30; preserved here.)

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

☐ Twelfth Special 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 Conn. Gen. Stat. § 52-180. Plaintiff cannot establish the records through a witness with personal knowledge of the original creditor's record-keeping practices, and "robo-signed" affidavits are insufficient.

☐ Thirteenth Special Defense — Reservation of Right to Amend. Defendant reserves the right to assert additional special defenses, counterclaims, or setoffs that become known through investigation or discovery, consistent with Conn. Practice Book §§ 10-50 and 10-60.

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, together with all amendments and change-of-terms notices;

b. A complete set of monthly account statements from inception through charge-off, evidencing the transactions, charges, payments, interest, and fees that make 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 charge;

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

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt, and that Plaintiff holds a current Connecticut consumer collection agency license.

V. NOTICE OF POTENTIAL FDCPA COUNTERCLAIM

12. Defendant gives notice that the facts of this matter may give rise to a counterclaim or setoff 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, for conduct such as filing suit on a time-barred or unverified debt, failing to provide § 1692g validation, or using false, deceptive, or unfair means to collect.

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the FDCPA counterclaim/setoff set forth in the attached/following pleading.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Render judgment for the Defendant and dismiss Plaintiff's Complaint;

B. Order that Plaintiff take nothing by its Complaint;

C. Award Defendant the costs of this action and, to the extent permitted by law or contract, reasonable attorney's fees;

D. Grant Defendant any counterclaim or setoff relief asserted herein; and

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

VII. JURY / COURT TRIAL ELECTION

☐ Yes — Defendant claims trial by jury on all issues so triable, pursuant to Conn. Const. Art. I, § 19, Conn. Gen. Stat. § 52-215, and Conn. Practice Book § 14-10.

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

VIII. SIGNATURE

Dated at [____________], Connecticut, this [____] day of [____________], 20[____].

THE DEFENDANT,

/s/ [____________________________________]

[____________________________________]
☐ Self-Represented Party ☐ Attorney for Defendant
Juris No. (if attorney): [____________]
[Street Address]
[City], Connecticut [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

IX. CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing Answer and Special Defenses was mailed or delivered, in accordance with Conn. Practice Book §§ 10-12 through 10-17, on the [____] day of [____________], 20[____], to all counsel and self-represented parties of record, by the following method:

☐ Connecticut Judicial Branch E-Services electronic delivery (to all appearing parties)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]

[____________________________________]
☐ Self-Represented Party ☐ Commissioner of the Superior Court / Attorney

CONNECTICUT PRACTICE NOTES

• Appearance + Answer deadlines: File an Appearance (Form JD-CL-12) within two days after the Return Date to avoid a default for failure to appear. The Answer and special defenses are due within 30 days after the Return Date under Conn. Practice Book § 10-8, subject to the pleading sequence. In the Small Claims session, file the written Answer by the answer date on the notice.
• Court: Superior Court (regular civil docket) or the Small Claims session (claims up to $5,000 generally; higher for certain home-improvement/new-home-construction contracts, Conn. Gen. Stat. § 51-15(d)). Small claims are heard at the centralized small claims facility; a contested small claims case may be transferred to the regular docket.
• Statute of limitations on debt: written contract, account, and simple/implied contract — 6 years (Conn. Gen. Stat. § 52-576); oral (executory) contract — 3 years (Conn. Gen. Stat. § 52-581). Most credit-card/open-account debt is treated under the 6-year period. Confirm before relying.
• Licensing: A "consumer collection agency" — which by definition includes debt buyers (Conn. Gen. Stat. § 36a-800(3)) — must be licensed by the Banking Commissioner (Conn. Gen. Stat. § 36a-801). Check the plaintiff's license status with the Connecticut Department of Banking / NMLS.
• Terminology: Connecticut pleads "special defenses" (P.B. § 10-50), not "affirmative defenses." Statute of limitations, statute of frauds, payment, accord and satisfaction, and release must be specially pleaded.
• State UDAP: Consider the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. § 42-110a et seq., and the creditor/collection provisions at Conn. Gen. Stat. §§ 36a-645 to 36a-648.

Sources and References

• Connecticut Practice Book (Superior Court Rules): https://www.jud.ct.gov/pb.htm
• Conn. Gen. Stat. § 52-576 (6-year limitation — account/contract): https://law.justia.com/codes/connecticut/title-52/chapter-926/section-52-576/
• Conn. Gen. Stat. § 52-581 (3-year limitation — oral contract): https://law.justia.com/codes/connecticut/title-52/chapter-926/section-52-581/
• Conn. Gen. Stat. § 36a-800 (consumer collection agency — definitions): https://law.justia.com/codes/connecticut/title-36a/chapter-669/section-36a-800-formerly-sec-42-127/
• Conn. Gen. Stat. § 36a-801 (license required): https://law.justia.com/codes/connecticut/title-36a/chapter-669/section-36a-801-formerly-sec-42-127a/
• Connecticut Department of Banking — Consumer Collection Agencies: https://portal.ct.gov/DOB
• 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/