This is an answer to a civil lawsuit which includes affirmative defenses.
This is an answer to a civil lawsuit which includes affirmative defenses.
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Common debt lawsuit defense strategies include: The defendant has paid the debt. The statute of limitations has passed to collect the debt. The paperwork is missing or has errors. The plaintiff used illegal debt collection practices. The contract is illegal. The defendant is not the account owner.
I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.
Your answer can be a handwritten letter to the court that says you do not agree with the lawsuit. Include your case (cause) number and mailing address and any defenses you may have to the lawsuit; for example, the amount they claim you owe is incorrect, the account isn't yours, or the debt is older than 4 years.
This is done by putting your request in writing and sending it to the court and to the plaintiff. Once you have been served with the citation, you have 14 days to file an answer, which is your response to your lawsuit. You must give your answer to the court and also send it to the plaintiff.
As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you. Assert your affirmative defenses for each paragraph.