SAMPLE ANSWER WITH DEFENSES AND INTEROGATORIES
This was donated to me by a successfully defended party who was represented by
a good lawyer. I am offering this format ( ammended for pro-se defendants) as a GUIDE,
and not as legal advise. You need to study your OWN State's laws and filing guidelines
FIRST DEFENSE
1. The complaint fails to state a claim against the defendant for which
the relief sought can be granted.
SECOND DEFENSE
2. The defendant alleges the affirmative defenses of accord and
satisfaction, laches, equitable estoppell, mitigation, failure of
consideration and waiver.
THIRD DEFENSE
3. That the defendant admits the allegations contained in paragraphs 1
and 2 of the Complaint.( NAME ADDRESS RESIDENCY ETC.)
4.That the defendant denies that he owes $XXXX.XX and accruint interest
on the revolving charge acct purchased by plaintiff, and set forth in
paragraph 3 of the complaint.
FOURTH DEFENSE
5. That the plaintiff filed this action beyond the applicable statute of
limitations and defendant relies on the said affirmative defense as a
complete bar to plaintiff's claims and cause of action
6. Defendant reserves the right to amend his answer and to assert any
additional defenses or necessary counterclaim(s).
WHEREFORE, the defendant YOUR NAME having fully answered the
plaintiff's Complaint herein, demands as follows:
1. For judgement against the plaintiff dismissing it's Complaint herein;
2. For ALL his/her costs herein expended,
and
3. For any and all other relief to which he/she may appear entitled.
ALSO
Defendant's First Set of Interrogatories
Request for Production and
Request for Admissions
YOUR NAME
Comes the defendant YOUR NAME, pro-se, pursuant to (STATE STATUTES).
Plaintiff is directed to serve its verified answers, and to
produce the requested documents on or before thirty (30) days from the
date certified below.
INTERROGATORY NO.1 State the complete name and address of the original
creditor for the revolving account under which defendant allegedly owes
plaintiff (hereinafter referred to as "revolving account"), as well as
the date plaintiff purchased the account.
INTERROGATORY NO.2 Was the revolving account opened via a written or
verbal agreement?
INTERROGATORY NO.3 Provide a detailed accounting-principal, interest,
late fees,ect-for the revolving account.
REQUEST FOR PRODUCTION NO.1 Produce a copy of the written agreement, if
any, between the original creditor and defendant for the revolving
account.
Alternatively, produce an audio recording of any verbal agreement for
the same.
REQUEST FOR PRODUCTION NO.2
Produce documentation supporting the accounting provided in your
response to Interrogatory No.3
REQUEST FOR PRODUCTION NO.3
Produce a copy of the initial communication sent by plaintiff to
defendant reguarding the debt he allegedly owes on the revolving
account.
REQUEST FOR ADMISSION NO.1
Please admit of deny that the revolving account is an "open account," as
defined under the truth in Lending Act 1602 (copy attached).
REQUEST FOR ADMISSION NO.2
Please admit of deny that the applicable statute of limitations for a
verbal agreement is (X) years under (STATE STATUTE).
REQUEST FOR ADMISSION NO.3
Please admit or deny that the applicable statute of limitations for an
"open account" is (X) years under ( STATE STATUTE).