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In general when filing answer & AD's ???

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IN GENERAL, When you file your Answer and Affirmative Defense and any counterclaims..

Do you have to have case law stated? OR do you make your defenses and then later give your arguments?

For instance; if my first affirm defense is:

Plaintiffs action is time-barred under Rev Stat §12-543 the laws of my State for which their own Exhibit B shows by date of charge off on alleged debt.

(their exhibit B is a "Last Statement Acct Balance" ) and shows date of charge off which in and of itself is beyond the SOL. Or not mention their Exhibit B .. if I do mention ex B in my defense, and the Judge decides it goes to court anyway, can I later Strike that Exhibit from Evidence?

My issue is that AFTER that charge off date I made a pymt to the JDB, BUT case law in my state shows that making partial payment does not restart the SOL. The JDB is claiming to be assignee of the debt. AND there was never any signed agreement between us. As a matter, I rescinded in writing any agreement they felt we had.

So do I need to also attach exhibits with the case law OR include the

Bulmer v. Belcher (App. Div.2 1974) 22 Ariz.App. 394, 527 P.2d 1237

in the first defense statement??

hmmm.. and when I file my Answer and Affirmative Defense, does the Judge rule on anything? or is that only if I bring in a MTD? I don't know if I have enough to create a MTD at this point and my answer is due by Monday.


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ah.. no I was asking about the actual verbage you use.. that was just the example..

I wanted to know when you are stating your Affirmative Defenses, do you just state them at this point OR do you have to have your evidence attached AND if you are referring to case law, do you put that right in the paragraph with an attachment or can you just say this is where that is.. like I have above..

I apologize for not being clear.. it's because Im foggy.


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