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

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [____________] COUNTY

Case No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to ORCP 15 and 19

Defendant, [____________] ("Defendant"), appearing [☐ pro se / ☐ by and through undersigned counsel], for Defendant's Answer to the Complaint filed by Plaintiff, [____________] ("Plaintiff"), alleges and states as follows:

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer within the thirty (30) day period prescribed by ORCP 7 C(2) and ORCP 15 A. Defendant reserves all rights, defenses, and objections available under the Oregon Rules of Civil Procedure, including those enumerated in ORCP 21 A.

2. By filing this Answer, Defendant does not admit that Plaintiff has stated a claim entitling it to relief, 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 ORCP 19 A, 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 ORCP 23 as discovery proceeds, Defendant asserts the following affirmative defenses pursuant to ORCP 19 B. Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to ORCP 17.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under ORS 12.080, an action upon a contract or liability, express or implied, must be commenced within six (6) years. 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 or is the real party in interest under ORCP 26. 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 ultimate facts sufficient to constitute a claim and is subject to dismissal under ORCP 21 A.

☐ 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 — Violation of the Oregon Unlawful Collection Practices Statute. Plaintiff and/or its predecessors engaged in unlawful collection practices in violation of ORS 646.639 (as amended by SB 1595, effective 2024, which extends coverage to debt buyers and debt collectors), and/or failed to comply with the documentation and pre-litigation requirements governing legal actions to collect a debt under ORS 646A.670.

☐ Sixth Defense — Plaintiff Not Registered as a Collection Agency. To the extent Plaintiff is required to register as a collection agency under ORS 697.015 and to maintain the bond or irrevocable letter of credit required by ORS 697.031, Plaintiff has failed to plead or prove compliance. [verify the registration requirement and any exemption before relying on this defense — see guidance note below.]

☐ Seventh 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.

☐ Eighth 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.

☐ Ninth 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, ORS 41.580.

☐ Tenth 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 exceed the rate permitted by law. Plaintiff must itemize and substantiate every component of the amount demanded.

☐ Eleventh Defense — Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. ORCP 21 A.

☐ Twelfth Defense — Failure to Mitigate. Plaintiff and/or its predecessors failed to take reasonable steps to mitigate the damages alleged.

☐ Thirteenth 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 OEC 803(6) (ORS 40.460) and OEC 901. 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.

☐ Fourteenth 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 ORCP 23.

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;

e. The documentation and information required to be provided in connection with a legal action to collect a debt under ORS 646A.670; and

f. Proof that Plaintiff is the present owner and real party in interest entitled to enforce the alleged debt.

V. NOTICE OF POTENTIAL FDCPA AND STATE-LAW 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, and/or under the Oregon Unlawful Collection Practices statute, ORS 646.639, 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 and/or ORS 646.639 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 and disbursements of this action and, to the extent permitted by law or contract, reasonable attorney 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 ORCP 50 and Or. Const. Art. I, § 17.

☐ 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
Oregon State Bar No. (if attorney): [____________]
[Street Address]
[City], Oregon [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

IX. CERTIFICATE OF SERVICE

I 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 ORCP 9, by the following method:

☐ Oregon eCourt / File & Serve electronic 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/ [____________________________________]

[____________________________________]

OREGON PRACTICE NOTES

• Answer deadline: 30 days from the date the summons is served in a general civil case in the Circuit Court (ORCP 7 C(2); ORCP 15 A). Small claims defendants must file the Defendant's Response within 30 days under ORS 46.455 and follow the instructions on the summons. A default may be entered under ORCP 69 if no timely response is filed.
• Courts: The Circuit Court is the court of general jurisdiction and handles debt-collection actions of any dollar amount. The small claims department handles claims generally up to $10,000 — verify the current threshold and which track the case is on.
• Statute of limitations on debt: 6 years for actions on a contract or liability, express or implied (ORS 12.080), covering most consumer debts (credit cards, medical, auto, personal loans). The period generally runs from default / last payment. Judgments are enforceable for 10 years (ORS 18.180), renewable. Confirm characterization and accrual before relying.
• Registration/licensing: Oregon requires collection agencies to register with the Department of Consumer and Business Services (ORS 697.015; ORS 697.031, including a $10,000 bond or letter of credit), administered through the NMLS. ORS 697.005 contains exemptions — an out-of-state agency or outside law firm filing to collect a debt may not need to register, and attorneys and banks are excluded. Verify registration status before relying on a registration defense.
• State UDAP / unlawful collection practices: ORS 646.639 (Unlawful Collection Practices), as amended by SB 1595 (eff. 2024), reaches debt buyers and debt collectors; ORS 646A.670 governs legal actions to collect debt and imposes documentation requirements. These supplement the federal FDCPA.
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under ORCP 22 A.

Sources and References

• Oregon Rules of Civil Procedure (ORCP): https://www.courts.oregon.gov/courts/Pages/orcp.aspx
• ORS 12.080 (contract/liability — 6 years): https://oregon.public.law/statutes/ors_12.080
• ORS Chapter 697 (Collection Agencies; Registration): https://www.oregonlegislature.gov/bills_laws/ors/ors697.html
• ORS 697.031 (registration procedure; bond): https://oregon.public.law/statutes/ors_697.031
• ORS 646.639 (Unlawful Collection Practices; amended by SB 1595): https://oregon.public.law/statutes/ors_646.639
• Oregon Judicial Department — responding to a lawsuit: https://www.courts.oregon.gov/Pages/default.aspx
• 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/