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

STATE OF RHODE ISLAND

[COURT NAME AND COUNTY OR DIVISION AS SHOWN ON SUMMONS]

C.A. No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Super. R. Civ. P. 8 and 12 (or Dist. R. Civ. P. 8 and 12)

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 twenty (20) day period prescribed by Super. R. Civ. P. 12(a)(1)(A) (or Dist. R. Civ. P. 12(a)(1)). Defendant reserves all rights, defenses, and objections available under the Rhode Island Rules of Civil Procedure, including those enumerated in Rule 12(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 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 Super. R. Civ. P. 8(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 Super. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Super. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Rule 11.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Under Rhode Island law, the general limitation period for civil actions, including most contract and account claims, is ten (10) years (R.I. Gen. Laws § 9-1-13(a)); however, an action for breach of a contract for sale of goods governed by the Uniform Commercial Code must be commenced within four (4) years after accrual (R.I. Gen. Laws § 6A-2-725). The alleged debt accrued more than the applicable limitations period before this action was filed, and the claim is time-barred.

☐ Second Defense — Disputed Ownership or Real Party in Interest. Defendant disputes Plaintiff's claimed right to collect this account because [SPECIFIC FACTS ABOUT THE ACCOUNT OR TRANSFER]. Defendant requests the transfer and account records on which Plaintiff relies to establish its interest. Super. R. Civ. P. 17(a) requires suit in the name of the real party in interest but allows time for ratification, joinder, or substitution after an objection. A missing bill of sale by itself does not establish lack of standing or require immediate dismissal.

☐ 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 Super. R. Civ. P. 12(b)(6).

☐ Fourth Defense — Collection-Conduct Defense or Setoff, If Authorized. Defendant asserts [IDENTIFY THE ACTUAL DEFENSE OR SETOFF AUTHORIZED BY CURRENT RHODE ISLAND LAW] based on [STATE SPECIFIC FACTS AND AUTHORITY]. A separate FDCPA violation does not, by itself, establish a defense to the debt. For any separate § 1692g claim, identify a covered collector and debt, the initial communication and required notice, any timely written dispute or original-creditor request, and the collection conduct after that request. Remove this option if no supported defense or setoff applies.

☐ Fifth Defense — Other Supported Defense. Defendant asserts [SPECIFIC DEFENSE] based on [FACTS AND CURRENT AUTHORITY]. Do not assert that a debt is unenforceable solely because a collector lacked registration without authority establishing that remedy.

☐ 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.

☐ 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, including the UCC Statute of Frauds, R.I. Gen. Laws § 6A-2-201, and R.I. Gen. Laws § 9-1-4.

☐ 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 exceed the rate permitted by law. 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. Super. R. Civ. P. 12(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. Where the Rules of Evidence apply, Defendant objects to admission of the account records identified as [RECORDS] because [SPECIFIC MISSING FOUNDATION OR TRUSTWORTHINESS FACTS]. Under R.I. R. Evid. 803(6), Plaintiff must establish the business-records foundation through a custodian or other qualified witness. Delete this defense if the record and available facts do not support it.

☐ 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 Super. R. Civ. P. 15.

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 transfer records and account information on which Plaintiff relies to show it acquired the right to collect Defendant's account, including intermediate transfers on which it relies; 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., and the Rhode Island Fair Debt Collection Practices Act, R.I. Gen. Laws § 19-14.9-1 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 Super. R. Civ. P. 38 and R.I. Const. Art. I, § 15.

☐ 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
Rhode Island Bar No. (if attorney): [____________]
[Street Address]
[City], Rhode Island [____]
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 Super. R. Civ. P. 5, by the following method:

☐ Rhode Island Judiciary 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/ [____________________________________]
[____________________________________]

RHODE ISLAND PRACTICE NOTES

• Answer deadline: Superior Court Rule 12(a)(1)(A) and District Court Rule 12(a)(1) ordinarily allow 20 days after service. A Superior Court defendant who timely waives service under Superior Rule 4(d) has 60 days from the date the waiver request was sent, or 90 days if addressed outside the United States, under Superior Rule 12(a)(1)(B). Check the governing court rule and summons before calculating a deadline.
• Courts: District Court hears general civil matters up to $5,000 and shares jurisdiction with Superior Court for matters from $5,000 to $10,000; small claims handles claims up to $5,000 under the current court packet. Small claims uses its own Answer to Small Claims Notice of Suit, due within 20 days after service under Rule 2.05. Copy the court, county or division, and case number from the summons.
• Statute of limitations on debt: general civil/contract actions — 10 years (R.I. Gen. Laws § 9-1-13(a)); contracts for the sale of goods under the UCC — 4 years (R.I. Gen. Laws § 6A-2-725). Determine the proper characterization (general contract vs. UCC sale of goods) and the accrual/last-payment date before relying on the limitations defense.
• Licensing / registration: Under R.I. Gen. Laws § 19-14.9-12, debt collectors must register with the Department of Business Regulation ($750 annual fee) before collecting in Rhode Island, subject to exemptions for certain out-of-state collectors using only interstate communications, banks and regulated institutions, attorneys, and others. Verify Plaintiff's registration status and any applicable exemption.
• FDCPA / state law interplay: Rhode Island has its own Fair Debt Collection Practices Act (R.I. Gen. Laws § 19-14.9-1 et seq.) in addition to the federal FDCPA (15 U.S.C. § 1692 et seq.), and the R.I. Deceptive Trade Practices Act (§ 6-13.1-1 et seq.) provides further state remedies. Assert federal FDCPA claims under 15 U.S.C. § 1692 et seq.
• Counterclaims: Superior Rule 13(a) applies its compulsory-counterclaim test to claims arising from the same transaction or occurrence; assess the particular FDCPA claim before deciding whether to plead it here or separately.

Sources and References

• Rhode Island Superior Court Rules of Civil Procedure (Rule 12 — 20-day answer): https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCivilProcedure.pdf
• Rhode Island District Court Civil Rules (Rule 12): https://www.courts.ri.gov/Courts/districtcourt/Documents/District_Civil_Rules.pdf
• R.I. Gen. Laws § 9-1-13 (general 10-year limitation): https://webserver.rilegislature.gov/Statutes/TITLE9/9-1/9-1-13.htm
• R.I. Gen. Laws § 6A-2-725 (UCC sale of goods — 4 years): https://law.justia.com/codes/rhode-island/title-6a/chapter-6a-2/part-7/section-6a-2-725/
• R.I. Gen. Laws § 19-14.9-12 (debt collector registration): https://law.justia.com/codes/rhode-island/title-19/chapter-19-14-9/section-19-14-9-12/
• R.I. Gen. Laws § 19-14.9-3 (RI FDCPA definitions): https://webserver.rilegislature.gov/Statutes/TITLE19/19-14.9/19-14.9-3.htm
• R.I. Gen. Laws § 6-13.1-1 et seq. (Deceptive Trade Practices Act): https://law.justia.com/codes/rhode-island/title-6/chapter-6-13-1/
• 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/
• Rhode Island Judiciary — District Court Civil Case Process: https://www.courts.ri.gov/Courts/districtcourt/Pages/Civil-Case-Process.aspx