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

[____________] JUDICIAL DISTRICT COURT

FOR THE PARISH OF [____________]

STATE OF LOUISIANA

No. [____________] Division "[____]" Section "[____]"

DEFENDANT'S ANSWER AND PEREMPTORY EXCEPTION OF PRESCRIPTION

Filed Pursuant to La. Code Civ. Proc. arts. 927, 1001, 1003 and 1005

NOW INTO COURT, through undersigned counsel (or appearing in proper person), comes Defendant, [____________] ("Defendant"), who, in response to the Petition filed by Plaintiff, [____________] ("Plaintiff"), and reserving all rights and exceptions, respectfully states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF EXCEPTIONS

1. This Answer is timely filed within the twenty-one (21) day delay prescribed by La. Code Civ. Proc. art. 1001(A) (or within fifteen (15) days after an exception was overruled or referred to the merits under art. 1001(B), as applicable).

2. By filing this Answer, Defendant appears subject to and without waiving any declinatory, dilatory, or peremptory exception. Defendant reserves all rights to file exceptions under La. Code Civ. Proc. arts. 921–934, to the extent not waived by filing this Answer.

3. Important procedural note: Declinatory and dilatory exceptions must be pleaded prior to or in the Answer or are waived (La. Code Civ. Proc. art. 928(A)). Peremptory exceptions — including PRESCRIPTION, no cause of action, and no right of action — may be pleaded at any stage of the proceeding prior to submission of the case (La. Code Civ. Proc. art. 928(B)).

4. Defendant does not possess the underlying account documents and demands that Plaintiff make strict legal proof of each element of its claim, including the existence, ownership, amount, and enforceability of the alleged debt.

II. PEREMPTORY EXCEPTION OF PRESCRIPTION

5. Pursuant to La. Code Civ. Proc. art. 927(A)(1), Defendant pleads the peremptory exception of liberative prescription. The alleged obligation is prescribed on its face, or will be shown to be prescribed:

☐ Open account — An action on an open account is subject to a liberative prescription of three (3) years under La. Civ. Code art. 3494(4). More than three years elapsed between the date the account became exigible (or the last payment/charge) and the filing of this suit.

☐ Money lent — An action on money lent is subject to a liberative prescription of three (3) years under La. Civ. Code art. 3494(3).

☐ Personal action on a contract — A personal action is subject to a liberative prescription of ten (10) years under La. Civ. Code art. 3499, unless otherwise provided by legislation; even under the ten-year period, the action is prescribed.

6. Prescription is interrupted only as provided by law (La. Civ. Code arts. 3462–3466). Plaintiff bears the burden of proving any interruption or suspension it asserts (e.g., acknowledgment under art. 3464). No payment, acknowledgment, or other act sufficient to interrupt prescription occurred within the applicable period.

III. GENERAL AND SPECIFIC DENIAL

7. Pursuant to La. Code Civ. Proc. art. 1003, Defendant generally denies each and every allegation of the Petition not expressly admitted herein and demands strict proof thereof. Under La. Code Civ. Proc. art. 1004, every allegation of the Petition not specifically admitted is deemed denied.

8. Paragraph 1 of the Petition: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

9. Paragraph 2 of the Petition: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

10. Paragraph 3 of the Petition: [____________]
    ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

11. Paragraph 4 of the Petition: [____________]
    ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

12. Paragraph 5 of the Petition: [____________]
    ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

13. Paragraph [____] of the Petition: [____________]
    ☐ Admitted ☐ Denied; strict proof demanded ☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same.

14. To the extent any allegation of the Petition is not specifically addressed above, such allegation is denied.

IV. AFFIRMATIVE DEFENSES AND ADDITIONAL EXCEPTIONS

Without admitting liability, without assuming any burden of proof not imposed by law, and reserving the right to amend, Defendant asserts the following affirmative defenses under La. Code Civ. Proc. art. 1005 and the following additional exceptions. Defendant should select only those supported by the facts.

☐ Prescription. As pleaded in Section II above, the claim is barred by liberative prescription (La. Civ. Code arts. 3494, 3499).

☐ No Cause of Action. The Petition fails to state a cause of action and is subject to the peremptory exception of no cause of action under La. Code Civ. Proc. art. 927(A)(5).

☐ No Right of Action; Lack of Standing — Failure to Prove Ownership and Chain of Assignment. Plaintiff is not the original creditor and has not established that it is the proper party to assert the claim. Pursuant to La. Code Civ. Proc. art. 927(A)(6), Defendant pleads the peremptory exception of no right of action. Plaintiff must prove a complete, unbroken chain of assignment from the original creditor to Plaintiff, including each bill of sale and assignment specifically identifying Defendant's account. (See La. R.S. 9:3534.1 regarding registration of collection agents and the enforceability of assignments.)

☐ 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 prescribed or unverified debt.

☐ Failure to Register as a Collection Agency. Any collection agency or debt collector doing business in Louisiana must register with the Secretary of State (La. R.S. 9:3534.1(B)). To the extent Plaintiff was required to register but failed to do so, Plaintiff has not complied with Louisiana law. [verify the registration requirement's application to this Plaintiff before relying on this defense.]

☐ Extinguishment — Payment, Remission, Novation, Discharge. The alleged obligation has been extinguished, in whole or in part, by payment, remission, novation, compromise/transaction, release, or discharge (including discharge in bankruptcy). See La. Civ. Code arts. 1854–1905.

☐ No Account Stated; No Assent 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.

☐ Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges not authorized by any agreement, that are unconscionable, or that exceed lawful conventional interest. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Insufficiency of Citation or Service; Lack of Personal Jurisdiction; Improper Venue. Defendant pleads the declinatory exceptions of insufficiency of citation, insufficiency of service of process, lack of personal jurisdiction, and/or improper venue (La. Code Civ. Proc. art. 925), to the extent applicable.

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

☐ 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 (La. Code Evid. arts. 803(6), 902(11)). 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.

☐ Reservation of Additional Defenses and Exceptions. Defendant reserves the right to assert additional affirmative defenses, exceptions, reconventional demands, cross-claims, or third-party demands that become known through investigation or discovery. Under La. Code Civ. Proc. art. 1005, an affirmative defense not pleaded is generally waived; Defendant therefore asserts all potentially applicable defenses in an abundance of caution.

V. DEMAND FOR DOCUMENTATION AND STRICT PROOF

15. 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 proper party entitled to enforce the alleged debt, and that Plaintiff is registered to the extent required by La. R.S. 9:3534.1.

VI. NOTICE OF POTENTIAL FDCPA RECONVENTIONAL DEMAND

16. Defendant gives notice that the facts of this matter may give rise to a reconventional demand 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, 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 prescribed or unverified debt, failing to provide § 1692g validation, or using false, deceptive, or unfair means to collect.

☐ Defendant asserts no reconventional demand at this time and reserves all rights.
☐ Defendant asserts the FDCPA and/or Louisiana consumer-law reconventional demand set forth in the attached/following pleading.

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that:

A. This Answer and the Peremptory Exception of Prescription be deemed good and sufficient;

B. After due proceedings, the Peremptory Exception of Prescription be SUSTAINED and Plaintiff's Petition be DISMISSED WITH PREJUDICE at Plaintiff's cost;

C. Alternatively, there be judgment in favor of Defendant and against Plaintiff, rejecting Plaintiff's demands in their entirety;

D. Defendant be awarded all costs of these proceedings and, to the extent permitted by law or contract, reasonable attorney's fees;

E. If a reconventional demand is asserted, there be judgment in favor of Defendant (Plaintiff-in-Reconvention) thereon; and

F. Defendant be granted all such other and further relief, general and equitable, as justice may require.

VIII. JURY DEMAND

☐ Yes — Defendant requests trial by jury on all issues so triable, pursuant to La. Code Civ. Proc. art. 1731 et seq. Defendant understands a jury trial is available only where the amount in dispute exceeds the statutory threshold (La. Code Civ. Proc. art. 1732) and will timely post any required bond or deposit.

☐ No — Defendant does not request a jury trial at this time and reserves all rights.

IX. SIGNATURE

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

/s/ [____________________________________]
[____________________________________]
☐ Defendant, in proper person ☐ Attorney for Defendant
Louisiana Bar Roll No. (if attorney): [____________]
[Firm Name, if any]
[Street Address]
[City], Louisiana [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

X. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], a copy of the foregoing Defendant's Answer and Peremptory Exception of Prescription was served upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in accordance with La. Code Civ. Proc. arts. 1313–1314, by the following method:

☐ Court electronic-filing system (electronic service on counsel of record)
☐ United States Mail, First-Class, postage prepaid
☐ Hand / Personal Delivery
☐ Electronic Mail (by agreement / where permitted)
☐ Facsimile Transmission

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

LOUISIANA PRACTICE NOTES

• Answer / exception delay: 21 days after service of citation in an ordinary proceeding (La. C.C.P. art. 1001(A)); 30 days if the plaintiff served a discovery request with the petition. The 15-day delay (art. 1001(B)) applies only after an exception filed before answer is overruled or referred to the merits, or after service of an amended petition. The court may grant additional time (art. 1001(C)). A city court's small claims division uses a shorter delay (commonly 10 days). Confirm the track.
• Terminology: Louisiana is a civil-law state. Use "Petition" (not "Complaint"), "Parish" (not "County"), "prescription" (not "statute of limitations"), "peremptory exception" (not "motion to dismiss"), and "reconventional demand" (not "counterclaim").
• Prescription on debt: open account — 3 years (La. Civ. Code art. 3494(4)); money lent — 3 years (art. 3494(3)); personal action on a contract — 10 years (art. 3499). Most consumer credit-card debt is treated as an open account (3 years). Whether art. 3494 or art. 3499 governs is litigated; verify. Prescription may be interrupted by payment or acknowledgment (art. 3464).
• Exceptions vs. waiver: Prescription, no cause of action, and no right of action are peremptory exceptions that may be raised at any stage prior to submission (La. C.C.P. arts. 927, 928(B)). Declinatory and dilatory exceptions (insufficient citation/service, venue) must be raised prior to or in the Answer or are waived (art. 928(A)).
• Registration: Any collection agency or debt collector doing business in Louisiana must register with the Secretary of State (La. R.S. 9:3534.1(B)); the statute also validates written assignments to collectors (subsections (C)–(D)). Louisiana does not impose a separate operating "license" through that section — verify the registration requirement's application before asserting it.
• State consumer law: Louisiana Consumer Credit Law collection-practice provisions (La. R.S. 9:3510 et seq.; La. R.S. 9:3562) and LUTPA (La. R.S. 51:1401 et seq.; 1-year prescription, narrowly construed, treble damages for knowing conduct) may apply. The FDCPA (15 U.S.C. § 1692 et seq.) is the primary federal collection statute.
• Compulsory reconventional demand: A reconventional demand arising from the same transaction may be compulsory under La. C.C.P. art. 1061(B).

SOURCES AND REFERENCES

• La. Code Civ. Proc. art. 1001 (delay for answering): https://www.legis.la.gov/legis/Law.aspx?d=111105
• La. Civ. Code art. 3494 (three-year prescription — open account): https://www.legis.la.gov/legis/Law.aspx?d=110518
• La. Civ. Code art. 3499 (personal action — ten-year prescription): https://codes.findlaw.com/la/civil-code/la-civ-code-tit-xxiv-art-3499/
• La. R.S. 9:3534.1 (collection agent registration; assignment): https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-3534-1/
• La. R.S. 9:3562 (Louisiana collection practices): https://www.fair-debt-collection.com/state-laws/louisiana-fair-debt-collection-practices-act/
• La. R.S. 51:1401 (Louisiana Unfair Trade Practices and Consumer Protection Law): https://legis.la.gov/legis/Law.aspx?d=104025
• 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/