A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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Consider the following steps to complete your Answer Debt Collection Lawsuit Format:
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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.
You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect. If you have good reason to believe that I am responsible for this debt, mail me the documents that make you believe that.
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.
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.
In a Nutshell It's important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided.
