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

COMMONWEALTH OF MASSACHUSETTS

[____________], ss. — [☐ SUPERIOR COURT / ☐ DISTRICT COURT / ☐ BOSTON MUNICIPAL COURT] DEPARTMENT

Civil Action No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Mass. R. Civ. P. 8 and 12

NOW COMES 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 serves and files this Answer within the twenty (20) day period prescribed by Mass. R. Civ. P. 12(a)(1). Defendant reserves all rights, defenses, and objections available under the Massachusetts 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.

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 Mass. R. Civ. P. 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 Mass. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Mass. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Mass. R. Civ. P. 11.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Massachusetts law, an action of contract must be commenced within six (6) years after the cause of action accrues. M.G.L. c. 260, § 2. The alleged debt accrued more than six years 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 and is not the real party in interest under Mass. R. Civ. P. 17(a).

☐ 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 Mass. R. Civ. P. 12(b)(6).

☐ Fourth Defense — 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 to the Massachusetts debt-collection regulations (940 CMR 7.00; 209 CMR 18.00), and failed to provide the validation notice and verification required by 15 U.S.C. § 1692g and 940 CMR 7.08 and/or engaged in false, deceptive, abusive, or unfair collection practices in violation of 15 U.S.C. §§ 1692d, 1692e, and 1692f and 940 CMR 7.00, including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed to Collect Debt in Massachusetts. A third-party debt collector must be licensed by the Massachusetts Division of Banks under M.G.L. c. 93, § 24A et seq., and must conduct its activities in compliance with 209 CMR 18.00. Plaintiff and/or its agents have failed to plead or prove that they are duly licensed, and any collection activity conducted without a required license is unlawful and an unfair or deceptive practice under M.G.L. c. 93A. [Verify Plaintiff's and its agents' license status with the Division of Banks; note that the Division of Banks regulation recognizes a "passive debt buyer" exception, so confirm whether the licensing requirement applies to this Plaintiff 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, M.G.L. c. 259, § 1, and/or M.G.L. c. 106, § 2-201 (sale of goods).

☐ 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 M.G.L. c. 271, § 49). 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. Mass. R. Civ. P. 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 under M.G.L. c. 233, § 78. 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 Mass. R. Civ. P. 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, and that Plaintiff and its agents are licensed to collect debt in Massachusetts to the extent required by M.G.L. c. 93, § 24A.

V. NOTICE OF POTENTIAL FDCPA / CHAPTER 93A 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 federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Massachusetts Consumer Protection Act, M.G.L. c. 93A, 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, and for multiple (up to treble) damages and attorney's fees under M.G.L. c. 93A, § 9, for conduct such as filing suit on a time-barred or unverified debt, failing to provide § 1692g / 940 CMR 7.08 validation, collecting without a required license, 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 Mass. R. Civ. P. 38 and the Massachusetts Declaration of Rights, Art. 15.

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

VIII. SIGNATURE

Dated this [____] day of [____________], 20[____].

/s/ [____________________________________]
[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
BBO No. (if attorney): [____________]
[Street Address]
[City], Massachusetts [____]
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 attorney of record (or upon Plaintiff, if unrepresented) in accordance with Mass. R. Civ. P. 5, by the following method:

☐ Electronic-filing/service system (where applicable)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

MASSACHUSETTS PRACTICE NOTES

• Answer deadline: Serve a responsive pleading within 20 days after service of the summons and complaint. Mass. R. Civ. P. 12(a)(1). A pre-answer Rule 12 motion alters this period (responsive pleading then due within 10 days of notice of the court's action). Small Claims defendants file no written answer and appear at the hearing.
• Courts: Superior Court (claims over $50,000 and jury trials of that magnitude); District Court and Boston Municipal Court (civil jurisdiction up to $50,000 — most consumer-debt cases); Small Claims (up to $7,000, or $10,000 for motor-vehicle property damage). Verify the court named in the summons and current thresholds.
• Statute of limitations on debt: Six (6) years for contract actions, M.G.L. c. 260, § 2 (twenty years for a contract under seal, § 1 — rarely applicable). Confirm the accrual date and any tolling.
• Licensing: Third-party debt collectors must be licensed by the Division of Banks under M.G.L. c. 93, § 24A et seq., and conduct activities under 209 CMR 18.00. The Division of Banks regulation (revised effective September 2025, incorporating much of CFPB Regulation F) recognizes a "passive debt buyer" exception to the definition of "debt collector," so confirm whether the Plaintiff is subject to licensing before relying on the licensing defense.
• AG debt-collection regulations: 940 CMR 7.00 (issued under M.G.L. c. 93A, § 2(c)) governs creditors collecting their own debts and their agents; it includes validation requirements (940 CMR 7.08) and contact limits. A violation of 940 CMR 7.00 or of the FDCPA may be a per se unfair or deceptive act under Chapter 93A.
• State UDAP: Massachusetts Consumer Protection Act, M.G.L. c. 93A, allows actual or statutory damages, multiple (up to treble) damages for willful/knowing violations, and attorney's fees. A 93A counterclaim does not require the 30-day demand letter that a 93A complaint requires.
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under Mass. R. Civ. P. 13(a).

Sources and References

• Massachusetts Rules of Civil Procedure, Rule 12: https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-12-defenses-and-objections-when-and-how-presented-by-pleading-or-motion-motion-for-judgment-on-pleadings
• M.G.L. c. 260, § 2 (six-year contract limitation): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2
• M.G.L. c. 93, § 24A (licensing of debt collectors): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section24A
• 940 CMR 7.00 (AG debt collection regulations): https://www.mass.gov/doc/940-cmr-7-debt-collection-regulations/download
• 940 CMR 7.00 (Cornell index of sections): https://www.law.cornell.edu/regulations/massachusetts/department-940-CMR/title-940-CMR-7.00
• M.G.L. c. 93A (Consumer Protection Act): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A
• 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/
• Massachusetts Division of Banks (licensed entity search): https://www.mass.gov/orgs/division-of-banks