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

MONTANA [____] JUDICIAL DISTRICT COURT, [____________] COUNTY

Cause No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

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

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 files this Answer within the twenty-one (21) day period prescribed by Mont. R. Civ. P. 12(a)(1)(A) (or, if the action is in Justice Court, within the 20-day period under the applicable Justice Court rule). Defendant reserves all rights, defenses, and objections available under the Montana 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 Mont. 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 Mont. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Mont. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Mont. 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 Montana law, an action commenced on or after October 1, 2025, upon a contract, obligation, or liability founded upon an instrument in writing generally must be commenced within six (6) years (Mont. Code Ann. § 27-2-202(1), as amended by 2025 Mont. Laws ch. 174); the prior eight-year period may govern an earlier-filed action. An action upon a contract, account, or promise not founded on an instrument in writing must be commenced within five (5) years (§ 27-2-202(2)); and an action upon an obligation or liability, other than a contract, account, or promise, not founded on a writing must be commenced within three (3) years (§ 27-2-202(3)). The alleged debt accrued more than the applicable 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 under Mont. 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 Mont. 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 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 time-barred or unverified debt.

☐ Fifth Defense — Plaintiff Not Licensed / Authorized to Collect in Montana. To the extent Plaintiff is required to be registered, bonded, or licensed to engage in the collection of consumer claims in Montana, Plaintiff has failed to plead or prove compliance, and is therefore barred from maintaining this action. [Montana does not appear to license general third-party debt collectors or debt buyers (it licenses debt management companies and registers debt settlement companies under Mont. Code Ann. § 30-14-2001 et seq. and § 30-14-2101 et seq.). Verify whether any licensing/registration 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, Mont. Code Ann. § 28-2-903.

☐ 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. Mont. 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. 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 Mont. 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 under Mont. R. Civ. P. 17(a).

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 a trial by jury on all issues so triable, pursuant to Mont. R. Civ. P. 38 and Mont. Const. Art. II, § 26.

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

☐ Montana Courts electronic-filing/service system (notice to all counsel of record)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

MONTANA PRACTICE NOTES

• Answer deadline: 21 calendar days after service of the summons and complaint in District Court (Mont. R. Civ. P. 12(a)(1)(A)); 20 days (excluding the day of service) in Justice Court (Mont. Just. & City Ct. R. Civ. P. 4C(2)(b)). Small Claims requires appearance at a hearing rather than a written answer. Always follow the deadline shown on YOUR summons.
• Courts: District Court (general jurisdiction) handles most collection suits; Justice Court (and the Small Claims docket within it) handles lower-value claims. Verify the court named in the summons and the jurisdictional limits.
• Statute of limitations on debt: contract/obligation founded on a written instrument — generally 6 years for an action commenced on or after October 1, 2025 (Mont. Code Ann. § 27-2-202(1), as amended; prior law may govern an earlier-filed action); contract, account, or promise not founded on a writing (e.g., open account) — 5 years (§ 27-2-202(2)); obligation/liability not a contract, account, or promise and not written — 3 years (§ 27-2-202(3)). Judgments: 10 years (§ 27-2-201). Confirm characterization, accrual, and filing date.
• Licensing: Montana does not appear to license general third-party debt collectors or debt buyers. It licenses debt management companies (Mont. Code Ann. § 30-14-2001 et seq.) and requires debt settlement companies to register (§ 30-14-2101 et seq.), both administered by the Office of Consumer Protection. Verify any applicable requirement before relying on the licensing defense.
• State UDAP: Montana Consumer Protection Act, Mont. Code Ann. § 30-14-103 (unlawful practices), with a private right of action and remedies under § 30-14-133. Plead any FDCPA claim under federal law (15 U.S.C. § 1692 et seq.).
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under Mont. R. Civ. P. 13(a).

Sources and References

• Montana Rules of Civil Procedure: https://leg.mt.gov/bills/mca/title_0250/chapter_0200/part_0010/sections_index.html
• Mont. Code Ann. § 27-2-202 (current contract limitations and applicability rule): https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0020/0270-0020-0020-0020.html
• Mont. Code Ann. § 27-2-201 (judgments — 10 years): https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0010/0270-0020-0020-0010.html
• Mont. Code Ann. § 30-14-103 (Montana Consumer Protection Act — unlawful practices): https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0010/section_0030/0300-0140-0010-0030.html
• Montana DOJ — Debt Management and Debt Settlement Businesses: https://dojmt.gov/office-of-consumer-protection/debt-management-and-debt-settlement-businesses/
• 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/
• Montana Judicial Branch — Courts directory and self-help: https://courts.mt.gov/courts/