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Affirmative Defenses used in General Denial Form PLD050


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I was served by substitute service with a Summons and Complaint for Common Counts by an Attorney representing Asset Acceptance LLC for old credit card debt on August 27, 2010 in California along with a Declaration re: Venue, Notice of Case Assignment and Civil Case Cover Sheet.

Plaintiff claims that on or about August 29, 2006 Defendants were indebted to Bank of America. Plaintiff claims they now own the account, and they are demanding damages and interest at the rate of 24% per annum for a credit card account. Plaintiff claims that Defendants were billed monthly and failed to dispute as required under the Federal Fair Billing Act. Therafter, Plaintiff claims they purchased this account from Plaintiff's Predecessor.

I need to file an answer within 10 to 20 days, and would like to use lack of standing as an affirmative defense, because the plaintiff has not presented sufficient documents to prove the plaintiff owns the debt?

The Summons does not appear to be verified, so I plan on filing a General Denial Form PLD-050 with Lack of Standing for no debtor/creditor relationship with plaintiff as a separate affirmative defense. I do not feel comfortable filing a dumurrer or motion to dismiss, because of the the cost, lack of time, and legal expertise.

Please review the details below, and let me know if you believe this affirmative defense along with the others listed on the General Denial Form will create a strong defense when the case goes to trial. Any advice will be appreciated. Thank you.

General Denial PLD-050 with separate affirmative defenses:

A. The complaint fails to state a cause of action.

B. The plaintiff is guilty of latches.

C. The statute of limitations has expired.

D. Lack of Standing (no debtor/creditor relationship with plaintiff)

Edited by legalresearch
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