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

IN THE [☐ COUNTY / ☐ CIRCUIT] COURT OF THE [____________] JUDICIAL CIRCUIT IN AND FOR [____________] COUNTY, FLORIDA

Case No. [____________]
Division: [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Fla. R. Civ. P. 1.110 and 1.140

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 (20) day period prescribed by Fla. R. Civ. P. 1.140(a)(1) [☐ or appears on the return date set by a small-claims summons under Fla. Sm. Cl. R. 7.090]. Defendant reserves all rights, defenses, and objections available under the Florida Rules of Civil Procedure, including those enumerated in Rule 1.140(b).

2. By filing this Answer, Defendant does not admit that Plaintiff has stated a cause of action, 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 Fla. R. Civ. P. 1.130, a party suing on a written instrument must attach a copy of the instrument to the pleading.

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 Fla. R. Civ. P. 1.110(c), 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 Fla. R. Civ. P. 1.190 as discovery proceeds, Defendant asserts the following affirmative defenses under Fla. R. Civ. P. 1.110(d). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to sanction.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Florida law, an action on a contract, obligation, or liability founded on a written instrument must be commenced within five (5) years (Fla. Stat. § 95.11(2)(b)); an action on a contract, obligation, or liability not founded on a written instrument, including on store accounts, must be commenced within four (4) years (Fla. Stat. § 95.11(3)(j)). The alleged debt accrued more than the applicable 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 document specifically identifying Defendant's account. Plaintiff must also demonstrate compliance with Fla. Stat. § 559.715 (written notice of assignment to the debtor at least 30 days before filing suit). Absent such proof, Plaintiff lacks standing to bring or maintain this action.

☐ Third Defense — Failure to State a Cause of Action. The Complaint fails to state a cause of action upon which relief can be granted and is subject to dismissal under Fla. R. Civ. P. 1.140(b)(6), including for failure to attach the written instrument sued upon as required by Fla. R. Civ. P. 1.130.

☐ Fourth Defense — FDCPA and FCCPA 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 the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq. 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 Fla. Stat. § 559.72, including filing or threatening suit on a time-barred or unverified debt and asserting the existence of a legal right it knew or should have known did not exist.

☐ Fifth Defense — Plaintiff Not Registered Under the FCCPA. To the extent Plaintiff is a "consumer collection agency" required to register with the Florida Office of Financial Regulation under Fla. Stat. § 559.553 and is not within an exemption listed in § 559.553(3), Plaintiff has failed to plead or prove a valid registration and is therefore barred from lawfully engaging in collection and from maintaining this action. [verify Plaintiff's registration status and any applicable exemption (e.g., original creditor, Florida Bar member, FDIC-insured institution) 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, Fla. Stat. § 725.01.

☐ 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 (see Fla. Stat. ch. 687). 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. Fla. R. Civ. P. 1.140(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. See Fla. Stat. § 90.803(6).

☐ 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 Fla. R. Civ. P. 1.190.

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, if a written instrument, must be attached under Fla. R. Civ. P. 1.130);

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 proof of the written notice of assignment required by Fla. Stat. § 559.715; and

e. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt, and (if applicable) proof of Plaintiff's registration under Fla. Stat. § 559.553.

V. NOTICE OF POTENTIAL FDCPA / FCCPA 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 actual damages, statutory damages up to $1,000, and attorney's fees and costs under 15 U.S.C. § 1692k, and under the Florida Consumer Collection Practices Act, Fla. Stat. § 559.55 et seq., which (Fla. Stat. § 559.77) provides for actual damages, statutory damages up to $1,000, punitive damages, and reasonable attorney's fees and costs, for conduct such as filing suit on a time-barred or unverified debt, asserting a legal right that does not exist, failing to provide § 1692g validation, or using false, deceptive, harassing, or unfair means to collect.

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the FDCPA/FCCPA 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 Fla. R. Civ. P. 1.430 and Art. I, § 22, Fla. Const.

☐ 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
Florida Bar No. (if attorney): [____________]
[Street Address]
[City], Florida [____]
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 Fla. R. Civ. P. 1.080 and the Florida E-Filing rules, by the following method:

☐ Florida Courts E-Filing Portal / e-service (notice to all counsel of record)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (per Fla. R. Gen. Prac. & Jud. Admin. 2.516)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

FLORIDA PRACTICE NOTES

• Answer deadline: 20 days after service of original process and the initial pleading, unless a different time is prescribed by statute. Fla. R. Civ. P. 1.140(a)(1). In a small-claims case (claims of $8,000 or less), the defendant appears at the pretrial conference on the return date stated in the summons (Fla. Sm. Cl. R. 7.090); no separate written answer is generally required beforehand. Calendar the deadline/return date immediately.
• Courts: County Court for claims up to $50,000; Circuit Court for claims exceeding $50,000 (verify current thresholds). Small-claims procedure applies at $8,000 or less.
• Statute of limitations on debt: 5 years on a contract/obligation/liability founded on a written instrument (Fla. Stat. § 95.11(2)(b)); 4 years on a contract/obligation/liability not founded on a written instrument, including store accounts (Fla. Stat. § 95.11(3)(j)). Characterization of credit-card debt is litigated; confirm before relying.
• FCCPA — Fla. Stat. § 559.55 et seq.: Florida's Consumer Collection Practices Act parallels the federal FDCPA. Section 559.72 lists prohibited practices; § 559.77 provides civil remedies (actual damages, statutory damages up to $1,000, punitive damages, attorney's fees/costs). Section 559.552 makes the more consumer-protective provision (FCCPA or FDCPA) control. Section 559.715 requires a written notice of assignment to the debtor at least 30 days before suit.
• Registration — Fla. Stat. § 559.553: A "consumer collection agency" must register with the Florida Office of Financial Regulation before doing business in Florida and renew annually (§ 559.555). Exemptions in § 559.553(3) include original creditors, Florida Bar members, FDIC-insured institutions, and certain others. Out-of-state collectors who are not exempt and fail to register are subject to enforcement under § 559.565. Verify the plaintiff's status before asserting the registration defense.
• FDCPA interplay: 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 Fla. R. Civ. P. 1.170(a).

Sources and References

• Fla. R. Civ. P. 1.140 (20-day answer; defenses): https://www-media.floridabar.org/uploads/2018/12/Civil-Procedure-Rules-Updated-12-4-18.pdf
• Florida Rules of Civil Procedure (current): https://www.floridabar.org/rules/ctproc/
• Fla. Stat. § 95.11 (limitations): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
• Fla. Stat. § 559.55 (FCCPA definitions): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.55.html
• Fla. Stat. § 559.553 (registration; exemptions): https://law.justia.com/codes/florida/title-xxxiii/chapter-559/part-vi/section-559-553/
• Fla. Stat. ch. 559 pt. VI (Consumer Collection Practices, §§ 559.55-559.785): https://flsenate.gov/Laws/Statutes/2025/Chapter559/Part_VI
• 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/