Affirmative Defenses
These should be raised in your initial pleading (answer) if you wish to use them.
Laundry list of possible Affirmative Defenses. Internet expertise indicates you should spell out how your affirmative defenses apply. From what I have seen in actual filings from attorneys defending such cases, affirmative defenses are raised and not argued in this initial pleading. In other word’s, AD’s are listed 5) Statutes of limitations 6) Unclean Hands 7) Payment 8) Accord and satisfaction, etc… not as listed below with the additional verbiage.
For Further Answer, Defendant asserts the following Affirmative Defenses:
(Select those that apply and number them consecutively with your Answer, so if following from above: 5) As and for a first Affirmative Defense,)
As and for a First Defense
Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.
As and for a Second Defense
Defendant alleges that this action is time-barred under § (See separate section)
As and for a Third Defense
Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.
As and for a Fourth Defense
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 is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.
As and for a Fifth Defense
Defendant claims a Failure of Consideration as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.
As and for a Sixth Defense
defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.
As and for a Seventh Defense
Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.
As and for an Eighth Defense
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.
As and for a Ninth Defense
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.
As and for a Tenth Defense
Plaintiff's Complaint fails to allege that the Assignor even has 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.
As and for an Eleventh Defense
The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.
As and for a Twelfth Defense
Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.
As and for an Thirteenth Defense
Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.
As and for a Fourteenth Defense
Plaintiff is not authorized or licensed to advertise or solicity, either in print, by letter, in person or otherwise the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.
As and for a Fifteenth Defense
Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.
As and for a Sixteenth Defense
Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.
As and for a Seventeenth Defense
Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.
As and for an Eighteenth Defense
Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.
As and for a Nineteenth Defense
Plaintiff has no Fiduciary Duty.
As and for a Twentieth Defense
Plaintiff has failed to name all necessary parties.
As and for a Twenty-first Defense
Plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control.
As and for a Twenty-second Defense
Plaintiff's alleged damages are the result of acts or omissions committed by the Plaintiff.
As and for a Twenty-third Defense
Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive.
As and for a Twenty-fourth Defense
Plaintiff's alleged damages are limited to real or actual damages only.
As and for a Twenty-fifth Defense
defendant invokes the doctrines of Scienti et violenti non fit injuria and Damnum absque injuria.
As and for a Twenty-sixth Defense
<Have you sued these folks before and won? If so, include this defense>
Plaintiff's claims are barred by Collateral estoppel and Equitable Estoppel.
As and for a Twenty-seventh Defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.
