Answer to Debt Collection Lawsuit (with FDCPA Affirmative Defenses) - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — [☐ Civil Actions Branch / ☐ Small Claims and Conciliation Branch]

Case No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Superior Court Civil Rules 8 and 12

COMES NOW the Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], and for Defendant's Answer to the Complaint filed by Plaintiff, [____________] ("Plaintiff"), states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the twenty-one (21) day period prescribed by Super. Ct. Civ. R. 12(a)(1)(A) [☐ or appears on the return date set by the Small Claims summons]. Defendant reserves all rights, defenses, and objections available under the Superior Court Rules of Civil Procedure, including those enumerated in Rule 12(b).

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 preserves the right to raise any applicable motion, defense, or objection.

3. Defendant does not have possession of the underlying account documents and demands that Plaintiff produce strict legal proof of each element of its claim, including the existence, ownership, amount, and enforceability of the alleged debt. Defendant further notes that, under D.C. Code § 28-3814 and Small Claims Rule 3, a debt collector initiating a consumer-debt action must attach proof of the consumer's indebtedness, state the basis for any interest and fees, list the current and all prior owners of the debt, and affirm that the action is within the statute of limitations.

II. RESPONSES TO THE NUMBERED ALLEGATIONS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant is without 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 is without 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 is without 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 is without 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 is without 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 is without knowledge or information sufficient to form a belief as to the truth of this allegation and therefore denies it.

10. Pursuant to Super. Ct. Civ. R. 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 expressly reserving the right to amend or supplement under Super. Ct. Civ. R. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Super. Ct. Civ. R. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Rule 11.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under District of Columbia law, an action on a simple contract, express or implied, must be commenced within three (3) years from accrual (D.C. Code § 12-301(7)), and the residual three-year period applies to claims for which no other limitation is specially prescribed (D.C. Code § 12-301(8)). The alleged debt accrued more than three years before this action was filed, and the claim is time-barred. Plaintiff was required to affirm in its complaint that the action is within the limitations period. D.C. Code § 28-3814.

☐ 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. Under D.C. Code § 28-3814, a debt collector initiating a consumer-debt suit must list the current owner and the names and dates of all prior owners of the 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 lacks standing to bring or maintain this action.

☐ Third Defense — Failure to State a Claim; Noncompliance with D.C. Code § 28-3814. The Complaint fails to state a claim upon which relief can be granted and is subject to dismissal under Super. Ct. Civ. R. 12(b)(6), including for failure to satisfy the consumer-debt pleading requirements of D.C. Code § 28-3814 and Small Claims Rule 3 (e.g., failure to attach the signed contract, application, or other proof of indebtedness; failure to state the basis for any interest, fees, or attorney's fees; failure to identify all prior owners of the debt).

☐ Fourth Defense — FDCPA and D.C. Debt Collection Law Violations; Failure to Validate. Plaintiff and/or its predecessors are "debt collectors" (which, under D.C. Code § 28-3814(b)(5), includes original creditors and debt buyers) and are subject to the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the District's debt collection law. Plaintiff failed to provide the validation notice and verification required by 15 U.S.C. § 1692g and/or engaged in conduct prohibited by 15 U.S.C. §§ 1692d, 1692e, and 1692f and D.C. Code § 28-3814, including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed / Authorized to Collect in the District. To the extent Plaintiff is required to be registered, bonded, licensed, or otherwise authorized to engage in the collection of consumer debts or to do business in the District of Columbia, Plaintiff has failed to plead or prove compliance, and is therefore barred from maintaining this action. [verify the current District licensing/registration requirement applicable to debt collectors and debt buyers, and any foreign-entity authority-to-do-business requirement, before relying on this defense.]

☐ 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.

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

☐ 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. [verify governing District authority, e.g., D.C. Code § 28-3502.]

☐ Ninth 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. Plaintiff must itemize and substantiate every component of the amount demanded and, under D.C. Code § 28-3814, state the basis for any interest, fees, or attorney's fees requested.

☐ Tenth Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. Super. Ct. Civ. R. 12(b)(2), (4), (5).

☐ 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. 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 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 Super. Ct. Civ. R. 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, together with all amendments and change-of-terms notices (which D.C. Code § 28-3814 requires be attached to the complaint);

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, including the names and dates of all prior owners as required by D.C. Code § 28-3814 — 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.

V. NOTICE OF POTENTIAL FDCPA / D.C. DEBT COLLECTION 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 under the District's debt collection law, D.C. Code § 28-3814, which (as amended effective January 1, 2023) provides a private right of action for actual damages, costs, attorney's fees, punitive damages, and a statutory penalty of between $500 and $4,000 per violation, for conduct such as filing suit on a time-barred or unverified debt, failing to comply with the consumer-debt pleading requirements, or using false, deceptive, or unfair means to collect.

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

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

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 trial by jury on all issues so triable, pursuant to Super. Ct. Civ. R. 38.

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

VIII. SIGNATURE

Respectfully submitted this [____] day of [____________], 20[____].

/s/ [____________________________________]
[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
D.C. Bar No. (if attorney): [____________]
[Street Address]
[City], [State] [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

IX. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], I served a true and correct copy of the foregoing Defendant's Answer and Affirmative Defenses upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in accordance with Super. Ct. Civ. R. 5, by the following method:

☐ Superior Court CaseFileXpress / eFiling system (notice to all counsel of record)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

DISTRICT OF COLUMBIA PRACTICE NOTES

• Answer deadline: 21 days after service of the summons and complaint in the Civil Actions Branch (Super. Ct. Civ. R. 12(a)(1)(A)); 60 days where the United States or the District (or an official-capacity officer/employee) is a party (Rule 12(a)(2)). In the Small Claims and Conciliation Branch, appear on the return date stated in the summons. Calendar immediately to avoid default.
• Courts: Suits are filed in the Superior Court Civil Division — the Small Claims and Conciliation Branch (claims up to $10,000) or the Civil Actions Branch. Confirm the branch and any amount-based threshold.
• Statute of limitations on debt: 3 years for a simple contract (D.C. Code § 12-301(7)) and the residual 3-year catch-all (§ 12-301(8)); a sealed instrument carries a longer period (§ 12-301(6)). Confirm characterization, accrual, and any tolling/revival.
• D.C. debt collection law — D.C. Code § 28-3814: As amended by the Protecting Consumers From Unjust Debt Collection Practices Amendment Act of 2021 (eff. January 1, 2023), the statute covers essentially all consumer debt (other than loans secured by a mortgage), defines "debt collector" to include original creditors and debt buyers, imposes specific pleading requirements on debt collectors who sue (attach proof of indebtedness; state the basis for interest/fees; list current and all prior owners; affirm the action is within the SOL), and provides a private right of action with a penalty of $500 to $4,000 per violation plus actual/punitive damages, costs, and fees. Small Claims Rule 3 requires the statement of claim to include the § 28-3814 information.
• Licensing: Verify the current District licensing/registration requirement for debt collectors and debt buyers, and any foreign-entity authority-to-do-business requirement, before asserting the licensing defense.
• State consumer statute / FDCPA interplay: Consider the Consumer Protection Procedures Act (D.C. Code § 28-3901 et seq.; remedies § 28-3905) in addition to § 28-3814. Plead the federal FDCPA claim under federal law (15 U.S.C. § 1692 et seq.). A counterclaim arising from collection of this debt may be compulsory under Rule 13(a).

Sources and References

• Superior Court Civil Rule 12 (21-day answer): https://www.dccourts.gov/sites/default/files/rules-superior-court/Civil-Rule-12-Defenses-and-Objections.pdf
• Superior Court Rules of Procedure (Civil; Small Claims): https://www.dccourts.gov/superior-court/rules
• D.C. Code § 12-301 (limitation of actions): https://code.dccouncil.gov/us/dc/council/code/sections/12-301
• D.C. Code § 28-3814 (debt collection): https://code.dccouncil.gov/us/dc/council/code/sections/28-3814
• Protecting Consumers From Unjust Debt Collection Practices Amendment Act (permanent version, eff. Jan. 1, 2023): https://www.consumerfinancialserviceslawmonitor.com/2022/11/permanent-version-of-dcs-protecting-consumers-from-unjust-debt-collection-practices-amendment-act-takes-effect-january-1-2023/
• D.C. OAG — Debt Collection FAQs: https://oag.dc.gov/consumer-protection/debt-collection-faqs
• 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 — debt that is several years old / time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/