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

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION, [☐ SPECIAL CIVIL PART / ☐ CIVIL PART], [____________] COUNTY

Docket No. [____________]
Civil Action

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to N.J. Ct. R. 4:5-4, 4:6-1, and 4:6-2 (Special Civil Part, R. 6:3-1)

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], hereby answers the Complaint filed by Plaintiff, [____________] ("Plaintiff"), and states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the thirty-five (35) day period prescribed by N.J. Ct. R. 4:6-1(a). Defendant reserves all rights, defenses, and objections available under the New Jersey Court Rules, including those enumerated in N.J. Ct. R. 4:6-2.

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. Except as expressly admitted above, Defendant denies each and every allegation of the Complaint and demands strict proof thereof.

III. AFFIRMATIVE DEFENSES

Without admitting any liability, without assuming any burden of proof not imposed by law, and expressly reserving the right to amend under N.J. Ct. R. 4:9-1 as discovery proceeds, Defendant pleads the following affirmative defenses pursuant to N.J. Ct. R. 4:5-4. Affirmative defenses must be set forth specifically and separately, or they may be waived; Defendant should select only those defenses supported by the facts.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under New Jersey law, an action on an open account, or upon an oral or written contract or promise to pay, must be commenced within six (6) years (N.J.S.A. 2A:14-1). 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 Plead and Prove the Assignment and Chain of Title. 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. In New Jersey, an assignee/debt-buyer plaintiff must establish ownership through the chain of assignment, and on any application for default judgment on an assigned claim, N.J. Ct. R. 6:6-3(a) requires a separate affidavit specifying the name of the original creditor, the last four digits of the original account number, the last four digits of the debtor's Social Security number (if known), the current owner of the debt, and the full chain of assignment of the claim. Plaintiff must establish a complete, unbroken chain of assignment from the original creditor to Plaintiff, with 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 N.J. Ct. R. 4:6-2(e).

☐ 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 Registered / Bonded to Collect in New Jersey. To the extent Plaintiff is required to file a collection-agency bond or otherwise register to engage in the business of collecting indebtedness in New Jersey (see N.J.S.A. 45:18-1 et seq.; New Jersey Division of Revenue collection-agency bond requirement), Plaintiff has failed to plead or prove compliance, and is therefore barred from maintaining this action. [verify the current registration/bonding requirement applicable to debt buyers and collection agencies in New Jersey before relying on this defense.]

☐ Sixth Defense — Payment, Accord and Satisfaction, Release, 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, N.J.S.A. 25:1-5, and/or the UCC statute of frauds, N.J.S.A. 12A:2-201, for sales of goods.

☐ Ninth Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury; Consumer Fraud. The amount claimed is incorrect, inflated, or includes interest, fees, or charges that were not authorized by any agreement, are unconscionable, or are usurious. To the extent Plaintiff or its predecessors engaged in unconscionable commercial practices, deception, or misrepresentation in connection with the account or its collection, such conduct violates the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. 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. N.J. Ct. R. 4:6-2(b), (d), (e).

☐ 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-generated reports are inadmissible hearsay and lack the foundation required for the business-records exception under N.J. R. Ev. 803(c)(6). 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 N.J. Ct. R. 4:9-1.

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, consistent with the assigned-claim affidavit requirements of N.J. Ct. R. 6:6-3(a); 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 / CONSUMER FRAUD 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, statutory damages up to $1,000, and attorney's fees and costs 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 / Consumer Fraud Act 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 N.J. Const. Art. I, ¶ 9 and N.J. Ct. R. 4:35-1. This demand is timely made in the responsive pleading.

☐ 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
N.J. Attorney ID No. (if attorney): [____________]
[Street Address]
[City], New Jersey [____]
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 N.J. Ct. R. 1:5-2, by the following method:

☐ New Jersey eCourts electronic-filing system (mandatory for attorneys)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted)

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

NEW JERSEY PRACTICE NOTES

• Answer deadline: 35 days after service of the summons and complaint (N.J. Ct. R. 4:6-1(a)), applicable in both the Special Civil Part and the Civil Part. A first extension of up to 35 days is commonly available by consent. Calendar immediately; failure to answer leads to entry of default (R. 6:6-2) and default judgment (R. 6:6-3).
• Courts: Most consumer-debt suits up to $20,000 are filed in the Superior Court, Law Division, Special Civil Part (docket prefix "DC"); the Small Claims Section handles claims up to $5,000. Matters over $20,000 are filed in the Law Division, Civil Part. Verify the docket type and the court named in the summons.
• Statute of limitations on debt: open account, oral or written contract, or promise to pay — 6 years (N.J.S.A. 2A:14-1). The clock generally runs from default/last payment.
• Assignee/debt-buyer pleading and proof: New Jersey requires a debt buyer to establish the assignment. On any default-judgment application on an assigned claim, N.J. Ct. R. 6:6-3(a) requires a separate affidavit identifying the original creditor, the last four digits of the original account number, the last four digits of the debtor's SSN (if known), the current owner of the debt, and the full chain of assignment. A computer-generated report that does not comply with R. 6:6-3(a) is an established basis to vacate a default judgment (see Palisades Collection, LLC v. Kuchinsky, N.J. App. Div.).
• Licensing/bonding: A person engaged in the business of collecting indebtedness in New Jersey must file a collection-agency bond (N.J.S.A. 45:18-1 et seq.; New Jersey Division of Revenue). Verify the current requirement and whether it reaches debt buyers before asserting the licensing defense.
• State UDAP: The New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., provides treble damages and attorney's fees for unconscionable commercial practices causing ascertainable loss; assert FDCPA claims under federal law.
• Entire Controversy Doctrine: N.J. Ct. R. 4:30A may require that related claims (including an FDCPA/CFA counterclaim arising from this collection) be asserted in this action or risk preclusion.

Sources and References

• New Jersey Court Rules, Part VI (Special Civil Part) and Part IV (Civil Practice): https://www.njcourts.gov/courts/rules
• N.J. Ct. R. 6:6-3 (judgment by default; assigned-claim affidavit; chain of assignment): http://www.courtcaddy.com/nj/court-rules/r6-6.html
• N.J. Ct. R. 4:6-1 (time for filing answer): https://www.njcourts.gov/courts/rules
• Lawsuits $20,000 or less (Special Civil) — NJ Courts: https://www.njcourts.gov/self-help/special-civil-court
• N.J.S.A. 2A:14-1 (6-year limitation — contracts/open accounts): https://law.justia.com/codes/new-jersey/title-2a/section-2a-14-1/
• New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.: https://www.njconsumeraffairs.gov/statutes/consumer-fraud-act.pdf
• 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/