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

STATE OF MAINE

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

Docket No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Me. 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 Me. R. Civ. P. 12(a). Defendant reserves all rights, defenses, and objections available under the Maine 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 Me. 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 Me. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Me. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Me. 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 Maine law, all civil actions must be commenced within six (6) years after the cause of action accrues. 14 M.R.S. § 752. 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 Me. 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 Me. R. Civ. P. 12(b)(6).

☐ Fourth Defense — FDCPA / Maine 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 the Maine Fair Debt Collection Practices Act, 32 M.R.S. § 11001 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 and 32 M.R.S. § 11013, including filing or threatening suit on a time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed to Conduct Debt Collection in Maine. Maine requires that no person conduct the business of a debt collector in the State without a valid license issued by the Superintendent of the Bureau of Consumer Credit Protection. 32 M.R.S. § 11031. The licensing requirement extends to out-of-state debt buyers and collectors attempting to collect debts owed by Maine residents. 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. [Verify Plaintiff's and its agents' license status with the Bureau of Consumer Credit Protection 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, 33 M.R.S. § 51.

☐ 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. 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. Me. 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.R. Evid. 803(6) and 902. 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 Me. 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 Maine under 32 M.R.S. § 11031.

V. NOTICE OF POTENTIAL FDCPA / MAINE 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 federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Maine Fair Debt Collection Practices Act, 32 M.R.S. § 11001 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, collecting without a required Maine 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 Me. R. Civ. P. 38 and Me. Const. Art. I, § 20.

☐ 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
Maine Bar No. (if attorney): [____________]
[Street Address]
[City], Maine [____]
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 Me. R. Civ. P. 5, by the following method:

☐ eFileMaine 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/ [____________________________________]
[____________________________________]

MAINE PRACTICE NOTES

• Answer deadline: Serve the answer within 20 days after service of the summons and complaint; 50 days if served outside the Continental U.S. or Canada under Rule 4(e), 4(f), or 4(j). Me. R. Civ. P. 12(a). A pre-answer Rule 12 motion alters these periods. Small Claims defendants file no written answer and appear on the hearing date.
• Courts: Superior Court (general civil jurisdiction) and District Court hear consumer-debt cases; most collection suits are filed in the District Court division where the defendant resides. Small Claims covers a debt or damage claim of $10,000 or less, exclusive of interest and costs, under 14 M.R.S. § 7482 (effective January 1, 2026). Verify the court named in the summons and current thresholds.
• Statute of limitations on debt: Six (6) years for all civil actions, 14 M.R.S. § 752, except as otherwise specially provided. Confirm accrual date and any tolling, partial payment, or acknowledgment.
• Licensing: A debt collector — including an out-of-state debt buyer collecting a debt owed by a Maine resident — must hold a valid license issued by the Superintendent (Bureau of Consumer Credit Protection). 32 M.R.S. § 11031. The 2018 amendment to 32 M.R.S. § 11002(2) expanded "conducting business in this State" to reach collection of any Maine resident's debt regardless of the creditor's location. Verify license status before asserting the licensing defense.
• Maine FDCPA / UDAP: The Maine Fair Debt Collection Practices Act, 32 M.R.S. ch. 109-A (including the prohibited-practices section, § 11013), supplements the federal FDCPA and imposes additional documentation requirements for credit-card and student-loan collection actions. The Maine Unfair Trade Practices Act, 5 M.R.S. § 207 et seq., may also apply.
• Compulsory counterclaim: An FDCPA / Maine FDCPA claim arising from the collection of this debt may be compulsory under Me. R. Civ. P. 13(a).

Sources and References

• Maine Rules of Civil Procedure (official text): https://www.courts.maine.gov/rules/text/
• Me. R. Civ. P. 12 (20-day answer): https://www.courts.maine.gov/rules/text/MRCivPPlus/RULE%2012.pdf
• 14 M.R.S. § 752 (six-year limitation): https://www.mainelegislature.org/legis/statutes/14/title14sec752.html
• 32 M.R.S. § 11013 (prohibited practices, Maine FDCPA): https://legislature.maine.gov/statutes/32/title32sec11013.html
• 32 M.R.S. § 11031 (debt collector licenses required): https://www.mainelegislature.org/legis/statutes/32/title32sec11031.html
• Maine FDCPA, 32 M.R.S. ch. 109-A (full chapter): https://legislature.maine.gov/statutes/32/title32ch109-Asec0.html
• Maine Unfair Trade Practices Act, 5 M.R.S. § 207: https://www.mainelegislature.org/legis/statutes/5/title5sec207.html
• 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/
• Maine Bureau of Consumer Credit Protection (debt collector licensing): https://www.maine.gov/pfr/consumercredit/