IN THE TYPE OF COURT OF THE STATE OF STATE



IN THE TYPE OF COURT OF THE STATE OF STATE

IN AND FOR THE COUNTY OF YOUR COUNTY COURT DIVISION IF APPLICABLE

|Name of Plantiff |) |Case No.: CASE NUMBER |

|Plaintiff, |) | |

|vs. |) |ANSWER, AFFIRMATIVE DEFENSES |

|Your Name |) | |

|Defendant |) | |

| |) | |

| |) | |

| |) | |

| |) | |

| |) | |

1. ANSWER

Now comes Defendant, Pro Se, who denies the following paragraphs of Plantiff's Complaint:

PLEASE READ “E-LETTER: HOW TO ANSWER YOUR CREDIT CARD DEBT LAWSUIT AND WIN” FOR AN OVERVIEW OF HOW TO FILL OUT THIS PORTION OF THE PLEADING.

IT WILL NEED TO BE TAILORED TO DIRECTLY ANSWER YOUR SUMMONS!!!!

PICK WHICH STATEMENTS ARE MOST APPROPRIATE TO YOUR SUMMONS COMPLAINT AND RESPOND TO EACH PARAGRAPH AS SUCH:

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

2. Defendant lacks knowledge about the truth and therefore deny allegations contained in Paragraph, Plantiff has failed to provide Defendant with any kind of account numbers or documentation for alleged credit card debt.

3. Defendant lacks knowledge about the truth and therefore denies the allegations contained in paragraph 3.

4. Defendant denies the allegations contained in Paragraph 4 as there is not, nor has there ever been any agreement, written, oral or implied with the Planiff and Defendant. **Note: This denial can only be used if a third-party debt collector is suing you, if it is the original creditor do not use this denial statement.

5. Defendant denies the allegations contained in Paragraph 5.

6. Defendant denies any alleged obligation to Plantiff in Paragraph 5, as there is not, nor has there ever been any agreement, written, oral or implied between the Plantiff and Defendant.

II. AFFIRMATIVE DEFENSES

Defendants other defenses are:

1. Plantiff's Complaint is time-barred by the applicable Statute of Limitations on credit card debt in the state of State. Note: Check the SOL for your state in the SOL PDF and only use this defense if your debt truly is past the SOL.

2. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plantiff. Note: Can only be used if you are being sued by a third-party debt collector, don't use this defense against an actual creditor unless you are positive there is no contract.

3. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the Complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person.

4. Plaintiff is not the real party in interest and has failed to name all necessary parties. Note: Only applies to third-party collectors.

5. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by purported agreement.

6. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment wad bona fide.

7. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff. Note: Only applies in third-party creditor situations.

9. Plaintiff is not the real party in interest. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk and is not entitled to judgement. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported credit card, for which Plaintiff failed to reference an account number in their Complaint. Note: Only use the last sentence if the original credit card number is absent from the summons which is oftentimes the case.

10. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of State, solicit the right to collect or receive payment of a claim of another.

11. The Complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the State of State as required.

12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

13. Plaintiff's damages are limited to real or actual damages only. Note: Cannot be used against an original creditor, only third-party.

WHEREFORE, Defendant prays that the court take nothing of Plaintiff's Complaint by virtue and dismisses the complaint.

DATE

________________________________________

YOUR NAME HERE

YOUR ADDRESS & PHONE NUMBER

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