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

IN THE COURT OF COMMON PLEAS OF [____________] COUNTY, PENNSYLVANIA

CIVIL DIVISION

No. [____________]

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND NEW MATTER

Filed Pursuant to Pa.R.C.P. 1026, 1029, and 1030

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

I. PRELIMINARY STATEMENT AND RESERVATION OF RIGHTS

1. Defendant timely files this Answer and New Matter within the twenty (20) day period prescribed by Pa.R.C.P. 1026(a). Defendant reserves all rights, defenses, and objections available under the Pennsylvania Rules of Civil Procedure, including preliminary objections under Pa.R.C.P. 1028 to the extent not waived.

2. By filing this Answer and New Matter, 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. ANSWER — RESPONSES TO THE NUMBERED PARAGRAPHS

4. Paragraph 1 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

5. Paragraph 2 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

6. Paragraph 3 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

7. Paragraph 4 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

8. Paragraph 5 of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

9. Paragraph [____] of the Complaint: [____________]
   ☐ Admitted ☐ Denied; strict proof demanded ☐ After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, which is therefore denied (Pa.R.C.P. 1029(c)).

10. Any averment of the Complaint not specifically admitted above is DENIED, and strict proof thereof is demanded at trial.

III. NEW MATTER (AFFIRMATIVE DEFENSES)

Without admitting any liability and expressly reserving the right to amend under Pa.R.C.P. 1033, Defendant asserts the following affirmative defenses as New Matter pursuant to Pa.R.C.P. 1030. Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Pa.R.C.P. 1023.1.

11. ☐ Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the four-year statute of limitations applicable to contract actions under 42 Pa.C.S. § 5525, including actions upon an express contract not founded upon a writing (§ 5525(a)(3)), upon a contract implied in law (§ 5525(a)(4)), and upon a contract or liability founded upon a writing (§ 5525(a)(8)). The alleged debt accrued more than four years before this action was commenced, and the claim is time-barred.

12. ☐ 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 a real party in interest under Pa.R.C.P. 2002. 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.

13. ☐ Failure to State a Claim / Legal Insufficiency. The Complaint is legally insufficient and fails to state a cause of action upon which relief may be granted, and Defendant preserves preliminary objections in the nature of a demurrer under Pa.R.C.P. 1028(a)(4) to the extent not waived.

14. ☐ 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.

15. ☐ Violation of the Fair Credit Extension Uniformity Act. Plaintiff and/or its predecessors engaged in unfair or deceptive debt collection acts or practices in violation of the Pennsylvania Fair Credit Extension Uniformity Act ("FCEUA"), 73 P.S. § 2270.1 et seq. Under 73 P.S. § 2270.4(a), a debt collector's violation of any provision of the FDCPA constitutes an unfair or deceptive debt collection act or practice, and under 73 P.S. § 2270.5(a) a FCEUA violation constitutes a violation of the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. § 201-1 et seq.

16. ☐ Plaintiff Not Authorized to Collect. To the extent Plaintiff is required to register, be bonded, or be otherwise authorized to engage in collection in this Commonwealth, or to qualify as a foreign entity to do business in Pennsylvania, Plaintiff has failed to plead or prove compliance. [verify the applicable requirement before relying on this defense — see guidance note below.]

17. ☐ 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. (Pa.R.C.P. 1030(a).)

18. ☐ 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.

19. ☐ 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. (Pa.R.C.P. 1030(a).)

20. ☐ 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.

21. ☐ Improper Service / Lack of Personal Jurisdiction. Service of process was insufficient or defective, and/or this Court lacks personal jurisdiction over Defendant. Defendant preserves preliminary objections under Pa.R.C.P. 1028(a)(1) to the extent not waived.

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

23. ☐ 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 Pa.R.E. 803(6) and 42 Pa.C.S. § 6108. 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.

24. ☐ Estoppel, Waiver, and Laches. Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel, waiver, and/or laches. (Pa.R.C.P. 1030(a).)

25. ☐ Reservation of Right to Amend. Defendant reserves the right to assert additional affirmative defenses, counterclaims, cross-claims, or join additional parties that become known through investigation or discovery, consistent with Pa.R.C.P. 1033.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

26. 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 / FCEUA-UTPCPL COUNTERCLAIM

27. 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 actual damages, statutory damages up to $1,000, and attorney's fees and costs under 15 U.S.C. § 1692k), and/or under the FCEUA/UTPCPL (73 P.S. §§ 2270.4, 2270.5; 73 P.S. § 201-9.2, which authorizes actual damages or $100, treble damages, and attorney fees), 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 FCEUA-UTPCPL 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 TRIAL DEMAND

☐ Yes — Defendant demands trial by jury on all issues so triable, pursuant to Pa.R.C.P. 1007.1 and Pa. Const. Art. I, § 6.

☐ No — Defendant does not demand a jury trial at this time.

VIII. VERIFICATION

I, [____________________________________], verify that I am the Defendant in this action (or an authorized representative of the Defendant) and that the statements made in the foregoing Answer, Affirmative Defenses, and New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: [__/__/____] Signature: /s/ [____________________________________]

[Printed Name: ____________________________________]

IX. SIGNATURE

Respectfully submitted this [____] day of [____________], 20[____].

/s/ [____________________________________]

[____________________________________]
☐ Defendant, pro se ☐ Attorney for Defendant
Pa. Attorney I.D. No. (if attorney): [____________]
[Firm Name, if applicable]
[Street Address]
[City], Pennsylvania [____]
Telephone: ([____]) [____]-[________]
Email: [____________________________________]

X. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [____________], 20[____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and New Matter was served upon Plaintiff's counsel of record (or upon Plaintiff, if unrepresented) in the manner indicated below, in accordance with Pa.R.C.P. 440:

☐ PACFile / county 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/ [____________________________________]

[____________________________________]

PENNSYLVANIA PRACTICE NOTES

• Answer deadline: 20 days after service of the Complaint or of a notice to plead in the Court of Common Pleas (Pa.R.C.P. 1026(a)). When the Complaint includes a notice to plead, failure to respond can result in a default judgment under Pa.R.C.P. 1037. In a Magisterial District Court case there is no written Answer; the defendant appears at the hearing on the date stated in the complaint.
• Courts: The Court of Common Pleas is the court of general jurisdiction. Smaller consumer-debt claims are commonly filed before a Magisterial District Judge (informal procedure; no written Answer). Use this Answer-and-New-Matter format in the Court of Common Pleas, including on appeal de novo from a Magisterial District Court judgment.
• New Matter required (Rule 1030): ALL affirmative defenses — statute of limitations, payment, release, accord and satisfaction, discharge in bankruptcy, statute of frauds, estoppel, fraud, illegality, waiver, and others — must be pleaded as New Matter; a defense omitted from New Matter is waived (Rellick-Smith v. Rellick, Pa. 2021). Restate the defenses in New Matter, not merely as denials.
• Verification required (Rule 1024): The Answer and New Matter must be verified; an unverified pleading is subject to being stricken.
• Denials (Rule 1029): An averment not denied is deemed admitted (Rule 1029(b)); for facts outside the defendant's knowledge, use the Rule 1029(c) "after reasonable investigation... without knowledge or information" statement, which has the effect of a denial.
• Statute of limitations on debt: 4 years for contract actions (42 Pa.C.S. § 5525) — shorter than most states. Runs generally from default / last activity. A choice-of-law clause may import another state's period. Confirm characterization and accrual before relying.
• State UDAP: The Fair Credit Extension Uniformity Act (73 P.S. § 2270.1 et seq.) makes an FDCPA violation an unfair/deceptive debt-collection practice (§ 2270.4(a)), and a FCEUA violation constitutes a UTPCPL violation (§ 2270.5(a)) enforceable through the private cause of action at 73 P.S. § 201-9.2 (actual damages or $100, up to treble damages, plus attorney fees).
• Counterclaim: Counterclaims are generally permissive under Pa.R.C.P. 1031; evaluate claim-preclusion before deciding to assert the FDCPA/FCEUA-UTPCPL claim here or separately.

Sources and References

• Pennsylvania Rules of Civil Procedure (Pa. courts): https://www.pacourts.us/courts/supreme-court/court-rules
• Pa.R.C.P. 1030 (New Matter): https://www.law.cornell.edu/regulations/pennsylvania/231-Pa-Code-r-1030
• 42 Pa.C.S. § 5525 (four-year limitation): https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-5525/
• 73 P.S. § 2270.4 (FCEUA — unfair/deceptive acts): https://codes.findlaw.com/pa/title-73-ps-trade-and-commerce/pa-st-sect-73-2270-4/
• Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.): https://www.attorneygeneral.gov/wp-content/uploads/2018/02/Unfair_Trade_Practices_Consumer_Protection_Law.pdf
• Rellick-Smith v. Rellick (Pa. 2021) (waiver of SOL omitted from New Matter): https://www.pacourts.us/assets/opinions/Supreme/out/J-25-2021oajc%20-%20104928653149485274.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/