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

IN THE [DISTRICT / CIRCUIT] COURT OF THE [____] JUDICIAL DISTRICT, IN AND FOR [____________] COUNTY, STATE OF WYOMING

Civil Action No. [____________]

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Filed Pursuant to Wyo. 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 serves and files this Answer within the period prescribed by Wyo. R. Civ. P. 12(a)(1)(A). Defendant reserves all rights, defenses, and objections, including those enumerated in Wyo. R. Civ. P. 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 Wyo. 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 Wyo. R. Civ. P. 15 as discovery proceeds, Defendant asserts the following affirmative defenses under Wyo. R. Civ. P. 8(c). Defendant should select only those defenses supported by the facts; pleading clearly inapplicable defenses may be subject to Wyo. 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. Under Wyoming law, an action upon a written contract must be commenced within ten (10) years (Wyo. Stat. § 1-3-105(a)(i)); an action upon an oral or unwritten contract, or upon a debt on account, must be commenced within eight (8) years (Wyo. Stat. § 1-3-105(a)(ii)(A)). The alleged debt accrued (and any last payment was made) more than the limitations period 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. 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 and is not the real party in interest under Wyo. R. Civ. P. 17.

☐ 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 Wyo. 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 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 Licensed / Authorized to Collect in Wyoming. To the extent Plaintiff is required to be licensed, registered, or bonded to engage in the collection of claims in Wyoming under the Wyoming Collection Agency Act (Wyo. Stat. § 33-11-101 et seq. [verify citation]), Plaintiff has failed to plead or prove compliance, and is therefore barred from maintaining this action. [verify the current licensing/registration requirement applicable to collection agencies and debt buyers in Wyoming before relying on this defense.]

☐ 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, Wyo. Stat. § 1-23-105 (and Wyo. Stat. § 34.1-2-201 for the sale of goods).

☐ 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 lawful limits (see Wyo. Stat. § 40-14-101 et seq., the Wyoming Uniform Consumer Credit Code). 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. Wyo. 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 (Wyo. R. Evid. 803(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 Wyo. 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 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

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, 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 further reserves any claim under the Wyoming Uniform Consumer Credit Code (Wyo. Stat. § 40-14-101 et seq.) and the Wyoming Consumer Protection Act (Wyo. Stat. § 40-12-101 et seq.).

☐ Defendant asserts no counterclaim at this time and reserves all rights.
☐ Defendant asserts the counterclaim(s) 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 Wyo. R. Civ. P. 38 and Wyo. Const. Art. 1, § 9. [A jury demand must be served within the time and with the fee required by Wyo. R. Civ. P. 38(b); verify the deadline and 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
Wyoming State Bar No. (if attorney): [____________]
[Street Address]
[City], Wyoming [____]
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 Wyo. R. Civ. P. 5, by the following method:

☐ Wyoming C-Track / electronic-filing system (notice to all counsel of record, where authorized)
☐ U.S. First-Class Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Email (by agreement / where permitted under Wyo. R. Civ. P. 5(b))

Addressed to:

[____________________________________]
[____________________________________]
[____________________________________]

/s/ [____________________________________]
[____________________________________]

WYOMING PRACTICE NOTES

• Answer deadline: 20 days after service of the summons and complaint (Wyo. R. Civ. P. 12(a)(1)(A)); 30 days if service is made outside the State of Wyoming or by publication. Time is computed under Wyo. R. Civ. P. 6(a) (exclude the day of service; count every intervening day). In Small Claims, no written answer is required; the defendant appears on the date set in the summons (Wyo. Stat. §§ 1-21-204, 1-21-205).
• Courts: Circuit Court has exclusive original civil jurisdiction where the claim is under $50,000 (verify current limit); District Court hears claims of $50,000 or more and other matters. Small claims is handled within Circuit Court (Wyo. Stat. § 1-21-201 et seq.). Confirm the court named in the summons.
• Statute of limitations on debt: written contract — 10 years (Wyo. Stat. § 1-3-105(a)(i)); oral/unwritten contract and debt on account — 8 years (Wyo. Stat. § 1-3-105(a)(ii)(A)). Wyoming's borrowing statute (Wyo. Stat. § 1-3-117) can apply a shorter foreign limitations period where the cause of action arose in another state; an action may also be extended where the cause of action accrued before the debtor became a Wyoming resident. Confirm the debtor's residence at accrual.
• Licensing: Verify the current Wyoming Collection Agency Act licensing/registration requirement (and any exemptions for debt buyers and nonresident collectors) before asserting the licensing defense; the citation in this template is flagged for confirmation.
• State consumer statutes: Wyoming has no stand-alone state mini-FDCPA comparable to the WVCCPA or Wisconsin Consumer Act. Consider the federal FDCPA, the Wyoming Uniform Consumer Credit Code (Wyo. Stat. § 40-14-101 et seq.), and the Wyoming Consumer Protection Act (Wyo. Stat. § 40-12-101 et seq.).
• Compulsory counterclaim: An FDCPA claim arising from the collection of this debt may be compulsory under Wyo. R. Civ. P. 13(a).

Sources and References

• Wyoming Rules of Civil Procedure: https://www.wyocourts.gov/courts/court-rules/
• Wyo. Stat. § 1-3-105 (limitations — contracts): https://wyoleg.gov/statutes/compress/title01.pdf
• Wyo. Stat. § 1-3-117 (borrowing statute): https://wyoleg.gov/statutes/compress/title01.pdf
• Wyo. Stat. § 40-14-101 et seq. (Uniform Consumer Credit Code): https://wyoleg.gov/statutes/compress/title40.pdf
• Wyo. Stat. § 40-12-101 et seq. (Consumer Protection Act): https://wyoleg.gov/statutes/compress/title40.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 — time-barred debt: https://www.consumerfinance.gov/ask-cfpb/can-debt-collectors-collect-a-debt-thats-several-years-old-en-1423/