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

IN THE [____________] COURT OF [____________] COUNTY, NEBRASKA

Case No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Neb. Ct. R. Pldg. §§ 6-1108 and 6-1112

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 timely files this Answer within the thirty (30) day period prescribed by Neb. Ct. R. Pldg. § 6-1112(a). Defendant reserves all rights, defenses, and objections available under the Nebraska Court Rules of Pleading in Civil Cases, including those enumerated in § 6-1112(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 is the real party in interest with 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 Neb. Ct. R. Pldg. § 6-1108(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 Neb. Ct. R. Pldg. § 6-1115 as discovery proceeds, Defendant asserts the following affirmative defenses under Neb. Ct. R. Pldg. § 6-1108(c). Defendant should select only those defenses supported by the facts; affirmative defenses such as the statute of limitations must be pleaded in the Answer or they are generally waived.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Nebraska law, an action upon a written contract must be commenced within five (5) years (Neb. Rev. Stat. § 25-205), and an action upon a contract not in writing, express or implied, or upon a liability created by statute, must be commenced within four (4) years (Neb. Rev. Stat. § 25-206). The alleged debt accrued more than the limitations 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 and is the real party in interest under Neb. Ct. R. Pldg. § 6-1117. 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.

☐ 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 Neb. Ct. R. Pldg. § 6-1112(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 Under the Collection Agency Act. To the extent Plaintiff is engaged in a "collection agency business" as defined by Neb. Rev. Stat. § 45-602, Plaintiff is required to be licensed before operating in Nebraska, and operating without a license is unlawful (Neb. Rev. Stat. § 45-601). Plaintiff has failed to plead or prove that it holds a valid license. [verify: Neb. Rev. Stat. § 45-602(3)(k) exempts a person who, for valuable consideration, purchases accounts, claims, or demands of another and then, in its own name, proceeds to collect them — meaning many debt buyers are NOT required to be licensed as collection agencies. Confirm whether Plaintiff falls within the exemption 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. Neb. Ct. R. Pldg. § 6-1108(c).

☐ 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. [verify the controlling Nebraska statute of frauds provision, e.g., Neb. Rev. Stat. § 36-202, and the UCC statute of frauds at Neb. U.C.C. § 2-201 for sales 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. 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. Neb. Ct. R. Pldg. § 6-1112(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 Neb. Rev. Stat. § 27-803. 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 Neb. Ct. R. Pldg. § 6-1115.

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.

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 trial by jury on all issues so triable, pursuant to Neb. Rev. Stat. § 25-1104 and Neb. Const. Art. I, § 6.

☐ 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
Nebraska Bar No. (if attorney): [____________]
[Street Address]
[City], Nebraska [____]
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 Neb. Ct. R. Pldg. § 6-1105, by the following method:

☐ Nebraska JUSTICE electronic-filing 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/ [____________________________________]
[____________________________________]

NEBRASKA PRACTICE NOTES

• Answer deadline: 30 days after service of the summons and complaint (Neb. Ct. R. Pldg. § 6-1112(a) (rev. 2025)). Calendar immediately; a default judgment may follow a missed deadline.
• Courts: County Court has civil jurisdiction up to $70,000 and a small-claims docket up to $3,900; District Court hears larger matters. Most consumer-debt suits are filed in County Court. Verify current thresholds and the court named in the summons.
• Statute of limitations on debt: written contract — 5 years (Neb. Rev. Stat. § 25-205); oral/unwritten contract or statutory liability — 4 years (Neb. Rev. Stat. § 25-206). Section 25-207 separately gives four years to real-property trespass, taking/detaining/injuring personal property, residual injury-to-rights claims not arising on contract and not otherwise enumerated, and fraud subject to its express discovery rule and exceptions. It is not a blanket four-year period for every tort. Classify the claim, accrual rule, and any more-specific statute before pleading limitations; separately verify whether a payment or written acknowledgment affects the selected period.
• Licensing: The Collection Agency Act (Neb. Rev. Stat. §§ 45-601 to 45-622) requires a license to operate a collection agency, administered by the Collection Agency Licensing Board through the Secretary of State. Important: § 45-602(3)(k) exempts a person who purchases accounts or claims and collects them in its own name — so many debt buyers are NOT required to hold a collection-agency license. Confirm whether the licensing defense applies to this Plaintiff before pleading it.
• State UDAP: The Nebraska Consumer Protection Act (Neb. Rev. Stat. § 59-1601 et seq.) and the Uniform Deceptive Trade Practices Act (Neb. Rev. Stat. § 87-301 et seq.) may apply; assert FDCPA claims under federal law.
• Affirmative-defense waiver: Affirmative defenses, including the statute of limitations, must be pleaded in the Answer (Neb. Ct. R. Pldg. § 6-1108(c)) or they are generally waived.

Sources and References

• Nebraska Court Rules of Pleading in Civil Cases (effective Jan. 1, 2025): https://nebraskajudicial.gov/supreme-court-rules/chapter-6-trial-courts/article-11-nebraska-court-rules-pleading-civil-cases-effective-january-1-2025
• Neb. Ct. R. Pldg. § 6-1108 (General Rules of Pleading): https://nebraskajudicial.gov/supreme-court-rules/chapter-6-trial-courts/article-11-nebraska-court-rules-pleading-civil-cases-effective-january-1-2025/%C2%A7-6-1108-general-rules-pleading
• Neb. Rev. Stat. § 25-205 (5-year written contract): https://nebraskalegislature.gov/laws/statutes.php?statute=25-205
• Neb. Rev. Stat. § 25-206 (4-year oral/unwritten): https://nebraskalegislature.gov/laws/statutes.php?statute=25-206
• Neb. Rev. Stat. § 45-601 (Collection Agency Act; license required): https://nebraskalegislature.gov/laws/statutes.php?statute=45-601
• Neb. Rev. Stat. § 45-602 (Collection Agency Act; definitions; debt-buyer exemption): https://codes.findlaw.com/ne/chapter-45-interest-loans-and-debt/ne-rev-st-sect-45-602/
• Collection Agencies Statutes (Nebraska Secretary of State): https://sos.nebraska.gov/licensing/collection-agencies-statutes
• 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/