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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It simply needs to be in writing, and you must send it to the court and to the plaintiff. You don't have to get specific as to the reasons you think you don't owe the plaintiff money. You can say something like ?I deny the claim and want to see proof at trial.? Or even just ?I don't owe the plaintiff anything.?
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.
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.
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.
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.