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

STATE OF NORTH DAKOTA

COUNTY OF [________________________________]

IN DISTRICT COURT

[________________________________] JUDICIAL DISTRICT

Case No. [________________________________]

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM SCREEN

Deadline warning: Unless another time is specified by rule or statute, N.D. R. Civ. P. 12(a)(1)(A) requires a defendant to serve an answer within 21 days after service of the summons and complaint. A Rule 12 motion changes the responsive-pleading period only as Rule 12(a)(2) provides. Calendar the actual deadline from the served papers and obtain legal review immediately.

Defendant [________________________________], appearing ☐ self-represented ☐ through counsel, answers Plaintiff's complaint as follows.

1. Preliminary Matters

1. Defendant serves this Answer subject to every defense properly preserved under N.D. R. Civ. P. 12.

2. Defendant has reviewed Rule 12(g)-(h) with counsel or understands that certain personal-jurisdiction, venue, process, and service defenses may be waived if omitted from the first Rule 12 motion or responsive pleading when available.

3. Defendant asks Plaintiff to prove each element of its claim, including the agreement or other legal basis, Plaintiff's entitlement to enforce it, the amount claimed, and compliance with any condition precedent.

2. Responses to the Complaint

Under N.D. R. Civ. P. 8(b), a response must admit or deny the opposing party's allegations. A party lacking knowledge or information sufficient to form a belief must say so, and the statement has the effect of a denial. Except as to damages, an allegation requiring a response is admitted if it is not denied.

Use one response for every numbered paragraph in the complaint.

Defendant denies every allegation not expressly admitted, to the extent a good-faith denial is supported.

3. Rule 12 Defense Screen

Select and plead only defenses supported by the facts and law.

☐ Lack of subject-matter jurisdiction — Rule 12(b)(1)

☐ Lack of personal jurisdiction — Rule 12(b)(2)

☐ Improper venue — Rule 12(b)(3)

☐ Insufficient process — Rule 12(b)(4)

☐ Insufficient service of process — Rule 12(b)(5)

☐ Failure to state a claim upon which relief can be granted — Rule 12(b)(6)

☐ Failure to join a required party — Rule 12(b)(7)

Supporting facts: [____________________________________________________________]

4. Affirmative Defense Screen

N.D. R. Civ. P. 8(c) requires a responding party to affirmatively state any avoidance or affirmative defense. Select only applicable defenses and state supporting facts.

4.1 Limitation Period

☐ Plaintiff's claim is barred in whole or in part by the applicable limitation period.

N.D.C.C. § 28-01-16(1) provides a six-year period after accrual for an action on a contract, obligation, or liability, express or implied, subject to §§ 28-01-15 and 41-02-104. Section 28-01-15 provides a ten-year period for an action on a judgment and for the other matters listed in that section.

Claim type: [________________________________]

Accrual date asserted by Defendant: [__/__/____]

Action commencement date: [__/__/____]

Tolling, payment, acknowledgment, judgment-renewal, or other issue requiring counsel's analysis: [________________________________]

4.2 Payment, Release, or Other Discharge

☐ Payment

☐ Accord and satisfaction

☐ Release

☐ Discharge in bankruptcy

☐ Failure of consideration

☐ Waiver or estoppel

Supporting facts and documents: [__________________________________________________]

4.3 Plaintiff's Entitlement and Amount

☐ Plaintiff has not adequately alleged or proved its entitlement to enforce the claimed obligation.

☐ The balance, interest, fees, credits, payments, or charge-off calculation is disputed.

☐ A condition precedent is disputed.

Specific defect or dispute: [_______________________________________________________]

4.4 Collection-Agency Licensing

N.D.C.C. § 13-05-02 generally requires a collection-agency license when a person engages in debt collection in North Dakota and states that collection occurs in North Dakota if the debtor resides in North Dakota. Section 13-05-02.3 lists exemptions. Section 13-05-01.1(5) defines "creditor" and excludes a person to the extent the person receives an assignment or transfer of a debt in default solely to facilitate collection.

☐ Defendant resided in North Dakota during the collection activity.

☐ Plaintiff appears to be collecting debt owed or asserted to be owed another.

☐ Plaintiff's claimed license or exemption is disputed.

☐ License status and every potentially applicable § 13-05-02.3 exemption have been checked.

License / exemption facts: [________________________________________________________]

N.D.C.C. § 13-05-10 makes a chapter violation a class C felony and authorizes the Commissioner to impose a civil money penalty up to $5,000 for a willful violation of a law, rule, written agreement, or order under the chapter. Whether a licensing issue defeats Plaintiff's civil claim or supports another claim requires separate legal analysis.

4.5 Other Rule 8(c) Defense

☐ Arbitration and award

☐ Fraud

☐ Illegality

☐ Res judicata

☐ Statute of frauds

☐ Other: [________________________________]

Supporting facts: [____________________________________________________________]

5. Federal FDCPA Screen

Do not plead an FDCPA counterclaim solely because a complaint was filed. Under 15 U.S.C. § 1692g(d), a formal pleading in a civil action is not an initial communication for the validation-notice requirement.

5.1 Possible § 1692g Issue Before Suit

☐ A person qualifying as a federal "debt collector" sent an initial collection communication.

☐ The required § 1692g(a) notice was not contained in the initial communication and was not sent within five days.

☐ Defendant sent a qualifying written dispute or original-creditor request within the 30-day period.

☐ Collection continued before the collector mailed the verification, judgment copy, or original-creditor information required by § 1692g(b).

Dates and documents: [____________________________________________________________]

5.2 Other FDCPA Conduct

☐ Defendant has identified another specific FDCPA provision and facts supporting a claim: [________________________________]

5.3 Counterclaim and Limitation Review

N.D. R. Civ. P. 13(a) requires a counterclaim that, at the time of service, arises from the transaction or occurrence that is the subject of the opposing party's claim, subject to the rule's exceptions. Counsel must determine whether any FDCPA or state claim is compulsory, permissive, immature, owned by another person, or already pending.

Under 15 U.S.C. § 1692k(d), an FDCPA action must be brought within one year from the date of the violation. Section 1692k(a) provides actual damages, court-allowed additional damages up to $1,000 in an individual action, and costs plus a reasonable attorney's fee in a successful action, subject to the section's terms and defenses.

☐ No counterclaim is asserted in this form.

☐ A separately drafted counterclaim is attached after claim-specific legal review.

6. Requested Relief

Defendant requests that the Court:

1. Deny relief not proved by admissible evidence and applicable law;
2. Dismiss any claim subject to a properly preserved and established defense;
3. Apply all proven payments, credits, offsets, releases, or discharges;
4. Award only costs or attorney's fees authorized by law, rule, or contract;
5. Adjudicate any properly pleaded counterclaim; and
6. Grant other relief the Court determines just and lawful.

7. Jury Demand

☐ Defendant demands a jury trial on every issue triable by jury.

☐ Defendant does not include a jury demand in this filing.

Counsel's rule and constitutional review: [_________________________________________]

8. Signature

Dated: [__/__/____]

[________________________________]

Defendant or Attorney

[________________________________]

Bar ID, if applicable

[________________________________]

Address

[________________________________]

Phone

[________________________________]

Email

9. Service and Filing Certificate

N.D. R. Civ. P. 5(a) requires service of a pleading served after the original summons and complaint. Rule 5(b)(1) requires electronic service for a document required to be filed, subject to the exemptions and procedures referenced in the rule. Rule 5(d) generally requires Odyssey electronic filing unless a statute, rule, or order provides otherwise.

I certify that on [__/__/____], I served this Answer on Plaintiff's attorney, or on Plaintiff if unrepresented, by:

☐ Electronic service under the applicable Odyssey / court procedure

☐ A Rule 5(b)(3) method because the document was not required to be filed or the recipient was exempt from electronic service: [________________________________]

☐ Another court-authorized method: [________________________________]

Recipient and service address / designated address: [_______________________________]

[________________________________]

Signature

10. Filing Checklist

☐ Caption, parties, court, and case number match the served complaint

☐ Every complaint paragraph has a Rule 8(b) response

☐ Rule 12(b)(2)-(5) waiver risks were reviewed before service

☐ Each affirmative defense has a good-faith factual basis

☐ The six-year / ten-year statute selected actually matches the claim

☐ Collection-agency license and exemption facts were verified

☐ § 1692g(d)'s formal-pleading exclusion was considered

☐ Any counterclaim was analyzed under Rule 13 and its own limitation period

☐ Answer was served within the applicable Rule 12(a) period

☐ Service and filing complied with current Rule 5 procedures and court orders

Sources and References

• North Dakota Rule of Civil Procedure 5: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/5
• North Dakota Rule of Civil Procedure 8: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/8
• North Dakota Rule of Civil Procedure 12: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/12
• North Dakota Rule of Civil Procedure 13: https://www.ndcourts.gov/legal-resources/rules/ndrcivp/13
• North Dakota Century Code ch. 28-01: https://ndlegis.gov/cencode/t28c01.pdf
• North Dakota Century Code ch. 13-05: https://ndlegis.gov/cencode/t13c05.pdf
• 15 U.S.C. § 1692g: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692g&num=0&edition=prelim
• 15 U.S.C. § 1692k: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692k&num=0&edition=prelim