Answer to Debt Collection Lawsuit - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION — [SELECT ONE BRANCH]

☐ Civil Actions Branch
☐ Small Claims and Conciliation Branch

Case No.: [____________________________]
Assigned Judge / Calendar (if any): [____________________________]
Next hearing or trial date: [____________________________]

DEFENDANT'S [ANSWER / VERIFIED ANSWER AND JURY DEMAND]

Use only the branch-appropriate path below. A Civil Actions Branch answer and a Small Claims response do not have the same timing or requirements.

1. Branch and Deadline Gate

A. Civil Actions Branch

☐ The summons places this case in the Civil Actions Branch.

☐ The answer deadline was calculated from actual service and any order or timely motion affecting the deadline: [DATE].

Rule 12(a)(1)(A) generally requires an answer within 21 days after service of the summons and complaint. A Rule 12 motion can change the response sequence. Rule 12(h) can waive objections to personal jurisdiction, process, or service if they are omitted from the first permitted motion or responsive pleading. Obtain legal review before filing this answer if any Rule 12 motion or objection may be appropriate.

B. Small Claims and Conciliation Branch

☐ The notice places this case in the Small Claims and Conciliation Branch.

☐ The initial hearing or trial date on the notice is [DATE AND TIME], and Defendant will appear unless the court orders otherwise.

Small Claims Rule 5 generally does not require a written answer, plea, or defense. A written pleading is required to assert a set-off or counterclaim. Under Small Claims Rule 6, a defendant seeking a jury must serve the demand at or before the initial hearing (unless extended for good cause), satisfy the fee requirement or obtain a waiver, and provide a verified answer stating the defense facts.

☐ This writing is filed because:
☐ counsel determined a written answer is useful
☐ Defendant asserts a set-off or counterclaim in a separately reviewed count
☐ Defendant makes a Small Claims Rule 6 jury demand and has completed the verification section

2. Responses to the Statement of Claim or Complaint

Defendant responds to each numbered allegation as follows. Use one response per allegation. Admit only what is true; deny only with a factual basis; and use lack of knowledge only when accurate.

1. Paragraph [____]:
   ☐ Admitted.
   ☐ Denied.
   ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.
   ☐ Admitted only as follows, and otherwise denied: [____________________________].

2. Paragraph [____]:
   ☐ Admitted.
   ☐ Denied.
   ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.
   ☐ Admitted only as follows, and otherwise denied: [____________________________].

3. Paragraph [____]:
   ☐ Admitted.
   ☐ Denied.
   ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.
   ☐ Admitted only as follows, and otherwise denied: [____________________________].

4. Paragraph [____]:
   ☐ Admitted.
   ☐ Denied.
   ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.
   ☐ Admitted only as follows, and otherwise denied: [____________________________].

5. Paragraph [____]:
   ☐ Admitted.
   ☐ Denied.
   ☐ Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies it.
   ☐ Admitted only as follows, and otherwise denied: [____________________________].

6. Continue through every allegation on an attached page using the same format.

☐ Defendant denies every allegation not expressly admitted above, to the extent a response is required and consistent with Rule 11.

3. Defense Selection

Check and complete only defenses supported by the facts and current law. Delete all unused alternatives before filing. These defenses do not shift a burden that governing law places on Plaintiff.

☐ Defense 1 — Limitations

The claim accrued on [DATE] because [FACTS AND LEGAL BASIS FOR ACCRUAL]. Plaintiff commenced this action on [DATE]. The claim is untimely under [D.C. Code § 28-3814(o) for covered consumer debt / D.C. Code § 12-301(a)(7) or (8) if applicable] because [CALCULATION, INCLUDING ANY ASSERTED TOLLING].

For covered consumer debt, § 28-3814(o)—not the longer period for an instrument under seal—sets a 3-year period for actions commenced on or after September 1, 2021, unless another statute supplies a shorter period. Do not guess the accrual date or assume that charge-off always controls it.

☐ Defense 2 — Payment, Settlement, Release, or Other Satisfaction

The amount claimed is barred or reduced because [IDENTIFY PAYMENT, SETTLEMENT, RELEASE, ACCORD AND SATISFACTION, CREDIT, OR OTHER FACT]. Supporting records are [IDENTIFY EXHIBIT OR SOURCE].

☐ Defense 3 — Noncompliance with D.C. Code § 28-3814

The action concerns a covered consumer debt, and Plaintiff is a debt collector within § 28-3814 as applied to these facts because [FACTS]. Plaintiff failed to comply with subsection(s) [(o), (p), (q), (r), AND/OR (s)] by [IDENTIFY THE SPECIFIC OMISSION OR CONDUCT]. Defendant raises that violation as a defense under subsection (t)(2) and requests the relief the statute permits based on the court's findings, including dismissal if authorized.

Section 28-3814 does not make every pleading defect a standing defect or require automatic dismissal with prejudice. Subsection (t) permits dismissal for noncompliance and requires dismissal with prejudice only for substantial or willful noncompliance.

☐ Defense 4 — Amount or Charges Not Owed

Defendant disputes [ALL / $__________] of the claimed amount because [PAYMENTS OMITTED / INTEREST CALCULATION / FEE OR CHARGE NOT AUTHORIZED BY AGREEMENT OR LAW / OTHER SPECIFIC REASON]. The complaint or statement of claim also fails to state the basis for [INTEREST / FEES / ATTORNEY'S FEES] as required by § 28-3814(q)(3)-(4), if applicable.

☐ Defense 5 — Plaintiff Has Not Established Ownership or Entitlement to Collect

Defendant [DENIES / LACKS KNOWLEDGE SUFFICIENT TO ADMIT] that Plaintiff owns or may enforce the specific account because [FACTS]. For a covered action by a debt collector or debt buyer, Defendant also invokes the applicable complaint, evidence, and affidavit requirements in § 28-3814(q)-(s), specifically [IDENTIFY REQUIREMENT AND DEFECT].

Do not state that an omitted assignment automatically destroys standing. Identify the disputed allegation and the precise statutory requirement instead.

☐ Defense 6 — Insufficient Process, Insufficient Service, or Lack of Personal Jurisdiction

Defendant asserts [Rule 12(b)(2), (4), AND/OR (5)] because [SPECIFIC FACTS].

Obtain immediate legal review. Civil Rule 12(h), applicable in Small Claims through Small Claims Rule 2 unless inconsistent, can waive these defenses if they are omitted from the first permitted Rule 12 motion or responsive pleading.

☐ Defense 7 — Discharge or Other Legal Bar

Collection is barred or limited by [BANKRUPTCY DISCHARGE ORDER / PRIOR JUDGMENT / RES JUDICATA / ARBITRATION AND AWARD / OTHER IDENTIFIED LAW], entered or arising on [DATE], because [FACTS AND AUTHORITY]. A copy is attached as [EXHIBIT] if appropriate and not sealed or confidential.

☐ Defense 8 — Other Specifically Reviewed Defense

[STATE THE DEFENSE, MATERIAL FACTS, AND CURRENT AUTHORITY].

4. FDCPA and District Claim Screen — Not an Automatic Defense

☐ Counsel reviewed pre-suit communications and collection conduct for a possible claim under the FDCPA, D.C. Code § 28-3814, or another law.

☐ No counterclaim is asserted in this form.

☐ A separately drafted and reviewed counterclaim is attached. It identifies the defendant to that claim, each element, supporting facts, requested relief, jurisdiction, and timeliness basis.

A complaint or statement of claim is not itself an “initial communication” that triggers 15 U.S.C. § 1692g(a). A § 1692g claim must identify a qualifying communication or timely written dispute and the conduct violating the cited subsection. Section 1692k supplies remedies and a one-year filing period; it does not make every FDCPA violation a defense to the debt.

For a Civil Actions Branch case, counsel must analyze Civil Rule 13 before omitting a transaction-related counterclaim. Do not apply Civil Rule 13 automatically in Small Claims: it is not among the Civil Rules listed in Small Claims Rule 2, while Small Claims Rule 5 separately requires a written pleading to assert a set-off or counterclaim.

5. Request for Relief

Defendant asks that the court:

1. deny relief not proven or legally recoverable;
2. enter judgment for Defendant or dismiss the action to the extent authorized by the findings and governing law;
3. award only costs, fees, damages, or other relief authorized by an identified statute, rule, contract, or attached counterclaim; and
4. grant other relief the court finds just and lawful.

6. Jury Demand — Select Only the Correct Branch

Civil Actions Branch

☐ Defendant demands a jury trial on all issues triable of right by a jury under Civil Rule 38. The demand is being served no later than 14 days after service of the last pleading directed to those issues and filed under Rule 5(d).

☐ No Civil Actions Branch jury demand is made in this document.

Small Claims and Conciliation Branch

☐ Defendant demands a jury trial under Small Claims Rule 6, serves this demand at or before the initial hearing (or within an extension granted for good cause), includes the required fee or an approved waiver, and completes the verification below.

☐ No Small Claims jury demand is made in this document.

7. Signature

Respectfully submitted on [DATE].

/s/ [SIGNATURE OR NAME]
[PRINTED NAME]
☐ Defendant, self-represented ☐ Attorney for Defendant
D.C. Bar No. (if counsel): [________________]
Address: [____________________________________________]
Email: [____________________________________________]
Telephone: [____________________________________________]

8. Verification for Defendant's Small Claims Jury Demand

Complete this section only when required by Small Claims Rule 6. Confirm the court's current verification and notarization practice before filing.

I, [DEFENDANT], after being duly sworn or affirmed, state that I have read this verified answer and that its factual statements are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT'S SIGNATURE]
Date: [________________]

Subscribed and sworn or affirmed before me on [DATE].

[NOTARY OR OTHER AUTHORIZED OFFICER]
Commission expiration: [________________]

9. Proof / Certificate of Service

I certify that on [DATE], I served this filing on [PLAINTIFF'S COUNSEL, OR PLAINTIFF IF UNREPRESENTED] by the following Rule 5 method:

☐ Court electronic-filing system
☐ U.S. mail to the last known address (service complete upon mailing)
☐ Hand delivery
☐ Other electronic means permitted or required by administrative order or consented to in writing: [METHOD]
☐ Other method consented to in writing: [METHOD]

Service name and address:
[____________________________________________________________]
[____________________________________________________________]

Delivery to the assigned judge, if required: [DATE / METHOD / NOT APPLICABLE].

/s/ [SIGNATURE OR NAME]
[PRINTED NAME]

Rule 5-I does not require separate proof when service occurs through the court's electronic-filing system. For other Rule 5 service, proof must show the date and manner of service and delivery to the judge and generally must be filed before action is taken on the filing.

10. Pre-Filing Review

☐ Correct branch, caption, case number, and party names confirmed from the court papers.
☐ Every allegation answered; unused alternatives and unsupported defenses deleted.
☐ Deadline and effect of any Rule 12 motion or court order confirmed.
☐ Any service or personal-jurisdiction objection preserved in the first permitted filing.
☐ Any § 28-3814 defense tied to a covered debt, applicable subsection, and specific facts.
☐ Any set-off or counterclaim separately pleaded when Small Claims Rule 5 requires it.
☐ Jury demand follows the selected branch's timing, fee, service, filing, and verification rules.
☐ Personal identifiers and unnecessary account digits redacted.
☐ Filing and service method confirmed against current court instructions and any case-specific order.