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complaint and answer help please!!! questions


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Many courts do not allow you to amend your answer to include certain affirmative defenses in your answer. If you don't include them, you waive the right to raise that defense. You are better to "throw to much in" on the affirmative defenses, than not enough.

I always include lack of court jurisdiction, plaintiff's lack of in personam standing, lack of subject matter jurisdiction, denial plaintiff is current holder of the contract,(if its a debt collection lawyer faking as plaintiff OC) deny that I owe plaintiff money,(especially if the Plaintiff is not holder of the allegd contract or if someone other than OC is holder of the alleged contract) deny the contract exists, and throw in some FDCPA issues for good measure.

I find, that these affirmative defenses, more or less, allow you to work in the details and issues in most subsequant motions, summary judgment issues, and trial brief issues without much problem from the judge. The point is, the answer should be somewhat general, but include ALL AFFIRMATIVE DEFENSES, and nail the detail in subsequant hearings and motions later.

ALWAYS, ALWAYS, PUT THE FOLLOWING IN YOUR ANSWER at the end (if you are serious about winning).

1.) "Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date."

2.) "Trial by jury demanded."

3.) Include a Counterclaim (emotionaly and financialy damaged by the action, include in affadavit)

4.) An affidavit, signed and notorized, denying you have no documents proving plaintiff has standing, you are not in receipt of any verified contract, a document which verifies you owe money, and any document that proves plaintiff authorized this action. Also, you have been emotionally and financially damaged by this action.

5.) Although little used, use a "judicial notice" in relation to your firsthand defense affidavit. (this is optional, but can make for good appeal later.)

I'm not a lawyer. I just vigorously defend myself against slimeball lawyers.

If you avoid getting taken out on default or summary judgment, I think 80% of the battle is won!

The other 20% is your ability to convince the jury eventually. If you can't or unsure you can do that, get a lawyer or settle now.

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