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

IN THE [____________] JUDICIAL DISTRICT COURT OF THE STATE OF UTAH

IN AND FOR [____________] COUNTY

Civil No. [____________]
Judge [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Utah 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-one (21) day period prescribed by Utah R. Civ. P. 12(a)(1)(A). Defendant reserves all rights, defenses, and objections available under the Utah 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 [____] 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. Pursuant to Utah 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 Utah R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Utah R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Utah R. Civ. P. 11.

☐ First Defense — Statute of Limitations. Plaintiff's claim is barred, in whole or in part, by the applicable statute of limitations. Section 78B-2-307(1) allows four years after the last charge or last payment for a contract, obligation, or liability not founded on a written instrument, an open store account for goods, or an open account for work, labor, services, or materials. Record the classification, last charge, last payment, filing date, and any other controlling statute before asserting the defense: [________________________________].

☐ 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. Plaintiff must establish a complete, unbroken chain of assignment from the original creditor to Plaintiff — every bill of sale and assignment specifically identifying Defendant's account. Absent such proof, Plaintiff is not the real party in interest under Utah R. Civ. P. 17 and lacks standing to 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 Utah R. Civ. P. 12(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 used false, deceptive, abusive, or unfair means 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 — Authority to Collect; Collection-Fee Limits. Plaintiff has failed to plead or prove its lawful authority to collect the alleged debt, and any collection fees or convenience fees sought must comply with Utah Code § 12-1-11, which limits and governs collection and convenience fees imposed by creditors or third-party debt collectors.

☐ 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, Utah Code § 25-5-4.

☐ Ninth Defense — Erroneous or Unauthorized Amount; Unauthorized Fees; Usury. The amount claimed is incorrect, inflated, or includes interest, fees, or charges not authorized by any agreement, that are unconscionable, or that 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. Utah 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. Plaintiff's account records, affidavits, and computer printouts are inadmissible hearsay and lack the foundation required for the business-records exception (Utah R. Evid. 803(6), 902(11)). 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 Utah R. Civ. P. 15.

IV. DEMAND FOR DOCUMENTATION AND STRICT PROOF

9. 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

10. 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, 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 suing 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 a trial by jury on all issues so triable, pursuant to Utah R. Civ. P. 38 and Utah Const. Art. I, § 10, and will pay the required jury fee.

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

☐ Utah MyCase / court electronic-filing system (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/ [____________________________________]
[____________________________________]

UTAH PRACTICE NOTES

• Answer deadline: 21 days after service of the summons and complaint if served within Utah (Utah R. Civ. P. 12(a)(1)(A)); generally 30 days if served outside Utah — verify. Default may be entered under Rule 55 if no timely Answer is filed.
• Courts: District Court has general jurisdiction; Justice Court handles small claims and certain matters within its monetary limit. Confirm the court named on the summons and current limits.
• Statute of limitations on debt: Section 78B-2-307(1) gives its listed nonwritten-contract and open-account actions four years after the last charge or last payment. Independently verify any written-instrument period, characterization, later promise/payment effect, and other claim-specific rule.
• Licensing — REPEALED: Utah's collection-agency registration and $10,000 bond requirements (former Utah Code §§ 12-1-1 through 12-1-10) were repealed by 2023 H.B. 20, effective May 3, 2023. Only § 12-1-11 (collection/convenience-fee limits) survives. Do NOT assert a state registration/bond defense citing the repealed sections; the FDCPA still applies.
• UDAP: Conduct may implicate the Utah Consumer Sales Practices Act (Utah Code § 13-11-1 et seq.), but its application to pure third-party debt-collection conduct is limited — verify before pleading. The federal FDCPA is the primary consumer remedy.
• Compulsory counterclaim: An FDCPA claim arising from collection of this debt may be compulsory under Utah R. Civ. P. 13(a).

Sources and References

• Utah Rules of Civil Procedure: https://www.utcourts.gov/resources/rules/urcp/
• Utah Code § 78B-2-307 (4-year limitation): https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html
• Utah Code § 78B-2-309 (6-year limitation): https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S309.html
• Utah Code § 12-1-11 (collection/convenience fees; surviving Title 12 provision): https://le.utah.gov/xcode/Title12/Chapter1/12-1-S11.html
• 2023 H.B. 20 (Collection Agency Amendments — repeal of registration/bond): https://le.utah.gov/~2023/bills/static/HB0020.html
• Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq.: https://le.utah.gov/xcode/Title13/Chapter11/13-11.html
• 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 — time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/
• Utah Courts — Online Court Assistance Program (OCAP) / answering a complaint: https://www.utcourts.gov/en/self-help/case-categories/debt-collection.html