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

IN THE [☐ STATE / ☐ MAGISTRATE / ☐ SUPERIOR] COURT OF [____________] COUNTY

STATE OF GEORGIA

Civil Action File No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to the Georgia Civil Practice Act, O.C.G.A. § 9-11-1 et seq.

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 thirty (30) day period prescribed by O.C.G.A. § 9-11-12(a) [☐ or, in Magistrate Court, O.C.G.A. § 15-10-43]. Defendant reserves all rights, defenses, and objections available under the Georgia Civil Practice Act, including those enumerated in O.C.G.A. § 9-11-12(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.

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 O.C.G.A. § 9-11-8(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 O.C.G.A. § 9-11-15 as discovery proceeds, Defendant asserts the following affirmative defenses under O.C.G.A. § 9-11-8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to sanction under O.C.G.A. § 9-15-14 or § 9-11-11.1.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Georgia law, an action on a written contract must be brought within six (6) years after the right of action accrues (O.C.G.A. § 9-3-24); an action on an open account must be brought within four (4) years (O.C.G.A. § 9-3-25); and an action on an oral or unwritten contract must be brought within four (4) years (O.C.G.A. § 9-3-26). 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. Absent such proof, Plaintiff lacks standing to bring or maintain this action and is not the real party in interest (O.C.G.A. § 9-11-17).

☐ 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 O.C.G.A. § 9-11-12(b)(6).

☐ Fourth Defense — Collection-Conduct Defense or Setoff (if authorized). Defendant asserts [SPECIFIC DEFENSE OR SETOFF] under [CURRENT STATE AUTHORITY] because [MATERIAL FACTS]. A claimed FDCPA violation by itself does not establish a defense to the debt. If a separate § 1692g claim is asserted, identify the covered collector and debt, the initial communication and required notice or a timely written dispute, and the specific conduct that violated the cited subsection. A formal civil pleading is not an initial communication under 15 U.S.C. § 1692g(d). Delete this option if no supported defense or setoff applies.

☐ Fifth Defense — Plaintiff Not Licensed / Authorized to Collect or Do Business in Georgia. To the extent Plaintiff is required to be registered, bonded, licensed, or otherwise authorized to engage in the collection of debts or to transact business in Georgia (including any foreign-corporation certificate-of-authority requirement under O.C.G.A. § 14-2-1502), Plaintiff has failed to plead or prove compliance and is therefore barred from maintaining this action. [verify the current Georgia licensing/registration requirement applicable to debt collectors and debt buyers — Georgia does not impose a general state collection-agency operating license, so confirm the applicable authority 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, O.C.G.A. § 13-5-30.

☐ 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 O.C.G.A. § 7-4-2 et seq.). 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. O.C.G.A. § 9-11-12(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. See O.C.G.A. § 24-8-803(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 O.C.G.A. § 9-11-15.

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;

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.

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 but not limited to claims for actual damages, court-allowed additional damages up to $1,000 in an individual action and, upon a successful action, costs and a reasonable attorney's fee 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 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 O.C.G.A. § 9-11-38 (State/Superior Court).

☐ 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
Georgia Bar No. (if attorney): [____________]
[Street Address]
[City], Georgia [____]
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 O.C.G.A. § 9-11-5, by the following method:

☐ Court e-filing-provider service (served contacts shown on receipt)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail / Statutory Overnight Delivery, return receipt requested
☐ Hand Delivery
☐ Statutory email in PDF format to all O.C.G.A. § 9-11-5(f) addresses, with "STATUTORY ELECTRONIC SERVICE" in the subject line

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

GEORGIA PRACTICE NOTES

• Answer deadline: 30 days after service of the summons and complaint. O.C.G.A. § 9-11-12(a). In Magistrate Court, the answer may be oral or in writing and is due within 30 days. O.C.G.A. § 15-10-43. Calendar immediately. A defendant in default in a non-Magistrate court may generally open default as of right within 15 days by paying costs (O.C.G.A. § 9-11-55).
• Courts: Most consumer-debt suits are filed in State Court (counties that have one) or Magistrate Court (small claims; civil jurisdiction up to $15,000 — verify). Superior Court hears larger or transferred matters. Magistrate Court is a non-jury court.
• Statute of limitations on debt: 6 years on a written contract (O.C.G.A. § 9-3-24); 4 years on an open account (O.C.G.A. § 9-3-25); 4 years on an oral/unwritten contract (O.C.G.A. § 9-3-26). Characterization of credit-card debt (written vs. open/unwritten) is litigated; a written acknowledgment or new written promise may revive the period (O.C.G.A. §§ 9-3-110, 9-3-112). Confirm before relying.
• Licensing: Georgia does not impose a general state collection-agency operating license; debt-buyer/collector authorization is not uniformly required by statute. Verify the current requirement (and any foreign-corporation certificate-of-authority issue under O.C.G.A. § 14-2-1502) before asserting the licensing defense.
• State consumer statute / FDCPA interplay: The Georgia Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.) addresses unfair/deceptive trade practices and requires a pre-suit demand (O.C.G.A. § 10-1-399); its coverage of debt-collection conduct is limited, so the federal FDCPA is generally the primary vehicle. Plead the FDCPA claim under federal law (15 U.S.C. § 1692 et seq.). A counterclaim arising from collection of this debt may be compulsory under O.C.G.A. § 9-11-13(a).

Sources and References

• O.C.G.A. § 9-11-12 (defenses; 30-day answer): https://law.justia.com/codes/georgia/title-9/chapter-11/article-3/section-9-11-12/
• O.C.G.A. § 9-3-24 (written contract — 6 years): https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-24/
• O.C.G.A. § 9-3-25 (open account — 4 years): https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-25/
• O.C.G.A. § 9-3-26 (oral/unwritten contract — 4 years): https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-26/
• O.C.G.A. § 15-10-43 (Magistrate Court answer): https://law.justia.com/codes/georgia/title-15/chapter-10/article-3/section-15-10-43/
• O.C.G.A. § 10-1-393 (Fair Business Practices Act — unfair/deceptive practices): https://law.justia.com/codes/georgia/title-10/chapter-1/article-15/part-2/section-10-1-393/
• 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/