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6 TIPS FOR DRAFTING THE ANSWER IN A DEBT COLLECTION LAWSUIT

The Answer isn’t the place to tell your side of the story in detail.
Deny Deny Deny
Include defenses
Use standard formatting or “style”
Include certificate of service
Sign it

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The Answer isn’t the place to tell your side of the story in detail.
Rule 7(a)(2) FRCP mentions an Answer to a Complaint.
Do two things: 8(b)(1) in a response, admit or deny the allegations and state your defenses.
Deny pretty much everything
First section is responses to allegations.
Here’s what the language is like
Deny “Defendant denies the allegation in paragraph 4.”
Admit “Defendant admits the allegation in paragraph 1.”
Can also say I don’t know. “Defendant denies the allegation in paragraph 2 for lack of knowledge sufficient to know the truth or falsity thereof.”
Don’t admit they own the account. Look out for multiple allegations in one account.
Deny
Can deny the whole thing. Can do general denial
Can deny individual paragraphs.
Can deny only pieces of paragraphs.
8(b)(6) states anything that isn’t denied is admitted.
Include affirmative defenses.
Second section is Affirmative Defenses.
FRCP Rule 8(c)
accord and satisfaction;
• arbitration and award;
• assumption of risk;
• contributory negligence;
• duress;
• estoppel;
• failure of consideration;
• fraud;
• illegality;
• injury by fellow servant;
• laches;
• license;
• payment;
• release;
• res judicata;
• statute of frauds;
• statute of limitations; and
• waiver
FRCP Rule 12 (b)
(1) lack of subjectmatter jurisdiction;
Court isn’t right type of court
Should be small claims
(2) lack of personal jurisdiction;
Court is in the wrong place.
If you’re served in TX for a court in FL.
(3) improper venue;
Wrong court
(4) insufficient process;
(5) insufficient service of process;
(6) failure to state a claim upon which relief can be granted; and
(7) failure to join a party under Rule 19.
Use standard formatting or “style”
Rule 10 form of pleadings
10(a) “Every pleading [Answer] must have a caption with the court's name, a title, a file number”
(b) A party must state its claims or defenses in numbered paragraphs. A later pleading may refer by number to a paragraph in an earlier pleading.
Include certificate of service.
Rule 5(a)&(b) If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party
How to serve
handing it to the person;
leaving it: at the person's office or dwelling
mailing it to the person's last known address—in which event service is complete upon mailing
Leave it with court clerk
Efiling it
Other ways the person consented to in writing (like email).
Rule 5(d)
if the paper is filed, a certificate of service must be filed with it or within a reasonable time after service
A certificate of service is just a note at the end of the Answer that states you served the collector and the court
by mail
at this address
On this date.
Sign it.
Rule 11 ​​Every pleading, written motion, and other paper must be signed … by a party personally if the party is unrepresented
Stating the document is true or “reasonably based on belief or a lack of information.”
A party should not deny an allegation it knows to be true; but it is not required, simply because it lacks contradictory evidence, to admit an allegation that it believes is not true.
Perjury? Not exactly relevant.
By hand
Conformed signature: /s/ John Doe
Electronic signature
Disregarding other laws, an esignature can’t be “denied legal effect” simply because it is an esignature

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