What is the name of your state?
Maryland
Could someone critique my summons answer, if it wouldn't be too much of a burden for anyone. Thanks in advance!
I. ANSWER
NOW COMES the Defendant, <Me, The One & Only>, in Pro Se, in Answer to Plaintiff, <Dirt Bag Collections> complaint.
1. Defendant denies every allegation in its entirety of the Complaint, stated on Form DC/CV1.
2. Defendant denies every allegation in its entirety contained in Paragraph 1 of the attached Affidavit.
3. Defendant denies every allegation in its entirety contained in Paragraph 2 of the attached Affidavit.
4. Defendant denies every allegation in its entirety contained in Paragraph 3 of the attached Affidavit.
5. Defendant is without information of knowledge sufficient to form an opinion as to the truth or accuracy of the allegations in its entirety contained in Paragraph 4 of the attached Affidavit.
6. The Defendant is not in the military service. The Defendant was honorably discharged on April 18, 2002.
II. AFFIRMATIVE DEFENSES
NOW COMES the Defendant, <Me, The One & Only>, in Pro Se, and his affirmative defenses, relies upon the following:
1. Plaintiff_s cause of action and complaint is time-barred by the applicable Statute of Limitations, wherein Plaintiff_s cause of action has expired.
2. Plaintiff_s complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint was not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the debt, default or miscarriage of another person.
3. Defendant claims Lack of Privity as Defendant has never entered into any contractual obligation or debtor/creditor contracts/agreements with the Plaintiff.
4. Plaintiff_s complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence rule.
5. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees and any amount not specifically provided for by agreement.
6. Plaintiff_s complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff_s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.
7. Plaintiff_s complaint further fails to allege that the assignor even has the knowledge of this action or that the assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
8. Plaintiff is not an assignee for the purported agreement and no evidence appears on the record to support any related assumptions.
9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.
10. Plaintiff voluntarily, with knowledge inherent, made an Assumption of Risk and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages under the doctrine of Volenti non fit injuria.
11. Defendant claims Contributory Negligence. Plaintiff brought the injury/damages upon themselves for purchasing an alleged debt they knew to be in default.
12. Defendant reserves the right to plead additional affirmative defenses that may become available to him later.
WHEREFORE, Defendant prays that the Plaintiff_s lawsuit be dismissed in its entirety. Defendant respectfully requests of this honorable court that judgment with prejudice be entered against the Plaintiff.
Maryland
Could someone critique my summons answer, if it wouldn't be too much of a burden for anyone. Thanks in advance!
I. ANSWER
NOW COMES the Defendant, <Me, The One & Only>, in Pro Se, in Answer to Plaintiff, <Dirt Bag Collections> complaint.
1. Defendant denies every allegation in its entirety of the Complaint, stated on Form DC/CV1.
2. Defendant denies every allegation in its entirety contained in Paragraph 1 of the attached Affidavit.
3. Defendant denies every allegation in its entirety contained in Paragraph 2 of the attached Affidavit.
4. Defendant denies every allegation in its entirety contained in Paragraph 3 of the attached Affidavit.
5. Defendant is without information of knowledge sufficient to form an opinion as to the truth or accuracy of the allegations in its entirety contained in Paragraph 4 of the attached Affidavit.
6. The Defendant is not in the military service. The Defendant was honorably discharged on April 18, 2002.
II. AFFIRMATIVE DEFENSES
NOW COMES the Defendant, <Me, The One & Only>, in Pro Se, and his affirmative defenses, relies upon the following:
1. Plaintiff_s cause of action and complaint is time-barred by the applicable Statute of Limitations, wherein Plaintiff_s cause of action has expired.
2. Plaintiff_s complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint was not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the debt, default or miscarriage of another person.
3. Defendant claims Lack of Privity as Defendant has never entered into any contractual obligation or debtor/creditor contracts/agreements with the Plaintiff.
4. Plaintiff_s complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence rule.
5. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees and any amount not specifically provided for by agreement.
6. Plaintiff_s complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff_s complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.
7. Plaintiff_s complaint further fails to allege that the assignor even has the knowledge of this action or that the assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
8. Plaintiff is not an assignee for the purported agreement and no evidence appears on the record to support any related assumptions.
9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.
10. Plaintiff voluntarily, with knowledge inherent, made an Assumption of Risk and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages under the doctrine of Volenti non fit injuria.
11. Defendant claims Contributory Negligence. Plaintiff brought the injury/damages upon themselves for purchasing an alleged debt they knew to be in default.
12. Defendant reserves the right to plead additional affirmative defenses that may become available to him later.
WHEREFORE, Defendant prays that the Plaintiff_s lawsuit be dismissed in its entirety. Defendant respectfully requests of this honorable court that judgment with prejudice be entered against the Plaintiff.
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