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I received lawsuit for jdb the day I was due to respond.  I panicked and answered response simply that the debt was not valid, with no affirmative defenses whatsoever.

 

Now it is time to answer their interrogs and productions of documents etc.  I see that they want to know my defenses in the interrogs, which I understand I must answer.  So it appears, after much post- study to my "answer" in court, that because I did not include any affirmative defenses, I may not use them ever without the plaintiff claiming prejudice.

 

1 What I wanted to know is if anybody knows how to word a request to the court to ammend my answer and include affirmative defenses?  Anything that can be utilized for the sake of pro se defendants who did not have time to prepare answer?

 

2 If the court denies the opportunity to amend and includeaffirmative defenses, what grounds do I have to stand on ---or am I dead in the water?

3 The interrogs and documents are due within just a couple of days.  Is it possible to simply include my affirmative defenses where I am asked to, or do I need to wait for the court approval? 

 

4 Where my answer was simply that the debt is not valid, is it possible that this covers more ground than I now suppose? 

 

 

Thanks to any help.  I wanted to force arbitration, but it appears I have not even a right to defend.  So sad :(  Just got four phonecalls from the jerks today. 

 

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MY court name here

plaintiff

vs

defendant

case #

DEFENDANT’S FIRST AMENDED ANSWER

AND AFFIRMITIVE DEFENSES AND COUNTERCLAIMS(IF NOT TAKE OUT COUNTERCLAIMS)

COMES NOW the defendant MY NAME,Pro se(hereinafter referred to as"defendant"), submits Defendant’s First Amended Answer and AFFIRMITIVE DEFENSES to Plaintiffs' Complaint for breach of contract(“Complaint”) as follows:

the allegations of plaintiffs complaint

example

Paragraph 1 of the Complaint Defendant admits venue is proper

Paragraph 2 of the Complaint Defendant admits his name is john smith

Paragraph 3 of the Complaint Defendant denies midland is the legal owner of the debt.

Defendant is without information or knowledge sufficient to form a belief as to the truth

of the allegations contained in ¶ 4, ¶ 5, ¶ 6, ¶ 7, ¶ 8, ¶ 9 and ¶ 10.

As to all remaining allegations of fact in the unnumbered ¶ 1 through ¶ 10 of the complaint

not specifically admitted, Defendant denies all such allegations. As to all remaining

allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or

expertise to respond to such legal conclusions and, therefore, denies them.

alleged breach of contract count one

Defendant hereby incorporates his responses stated above as if fully set forth under

Count 1 of Plaintiffs’ Complaint.

AFFIRMATIVE DEFENSES

By and for his Affirmative Defenses, Defendant states:

First Affirmative Defense

1. Plaintiffs’ Complaint fails to state a claim upon which relief may be

granted against defendant.

Second Affirmative Defense

2.Statute of limitations

Third Affirmative Defense

3.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.

Forth Affirmative Defense

4.Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.

Fifth Affirmative Defense

5.Plaintiff in filing this Complaint has not produced a copy of the executed agreement.

Sixth Affirmative Defense

6.Plaintiff’s Complaint is not based on its personal knowledge of the alleged debt

Seventh Affirmative Defense

7.Seventh Affirmative Defense

Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery.

COUNTERCLAIMS

Jurisdiction And Venue

1. Defendant incorporates herein by reference, each and every allegation, answer

and denial contained in each of the above paragraphs.

2.Defendant’s cause of action arises under "what ever your cause is"

WHEREFORE, Defendant prays that this Court find judgment for Defendant,

deny Plaintiffs’ request for relief, deny Plaintiffs’ request for damages, deny

Plaintiffs’ request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs’ request for any relief whatsoever. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.

respectfully submitted,

my name here

Defendant, pro'se

address

phone

CERTIFICATE OF SERVICE BY REGULAR MAIL

I, my name do hereby certify that a true and exact copy of the foregoing Amended Answer To Plaintiffs Complaint was served to JUNK DEBT BUYER by United States mail, postage prepaid, addressed as follows to attorneys name and address for JUNK DEBT BUYER.

from: my name my address my phone sent on this date 07/08/13

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Are you really in or from Ireland?  Either way thanks very much! This is certainly helpful to file an amended answer with affirmative defenses.  I had no idea I was to answer each point by point to start, alas.  Talk about learning the hard way.

 

Particularly. I think my greatest problem(s) are I need to ask the courts permission, and receive it or the judge will strike any amended answer I make.  I believe I have to file a "motion for leave to file amended answer and affirmative defenses."  I am just trying to find a great way to ask for permission and find some case law where was allowed. 

 

And, I am concerned that I will have to file for this motion at the same time I actually do answer jdb with all of my affirmative defenses in the interrogatories- with or without the courts permission- but I have no choice as they are due so I think I just have to do so.  Would you do it this way?

I am going to keep looking but need help real bad from anyone who may have had to receive the courts permission to file an amended answer to complaint after the allowed time period has passed.  Thanks again very very much !

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http://www.lawlib.state.ma.us/source/mass/rules/civil/

http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp15.html rule 15

Study your rules of procedure that alone can make or break you.

You want to catch anything the junkdebtbuyer does wrong such as being late sending his answers to discovery.

To help your chances of winning you want well crafted motions short and to the point.

a) Amendments. A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 20 days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

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Yes, thank you. I suppose will be my bed time reading for a while to come! I am going to scrutinize and be very careful.

 

The link you provided is where I determined that I screwed up my answer and what I need to do w/asking for courts permission to amend.  It is not on trial calendar, however I am after 20 days and all that.

 

At the least, if the court does not  agree to an amended affirmative defense, there is always my negative one.   Not necessarily going to lose but better to have court ok the affirmative defenses. 

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alleged breach of contract count one

Defendant hereby incorporates his responses stated above as if fully set forth under

Count 1 of Plaintiffs’ Complaint.

 

 

 

Thanks very much for this post.  I have been working on this.  I don't think I will counterclaim as I don't know that I have any.  Might I just ask a question on this quoted section, I don't understand it??  Still working on affirmative defenses part, I am refiling Monday my answer. 

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am I able as the defendant to include in the amended answer & reserve the right to later amend (again) if need to allege additional affirmative defenses and claims, counter-claims, cross-claims or third-party claims, as applicable, upon further investigation and discovery in my answer?

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MY court name here

plaintiff

vs

defendant

case #

DEFENDANT’S FIRST AMENDED ANSWER

AND AFFIRMITIVE DEFENSES AND COUNTERCLAIMS(IF NOT TAKE OUT COUNTERCLAIMS)

COMES NOW the defendant MY NAME,Pro se(hereinafter referred to as"defendant"), submits Defendant’s First Amended Answer and AFFIRMITIVE DEFENSES to Plaintiffs' Complaint for breach of contract(“Complaint”) as follows:

the allegations of plaintiffs complaint

example

Paragraph 1 of the Complaint Defendant admits venue is proper

Paragraph 2 of the Complaint Defendant admits his name is john smith

Paragraph 3 of the Complaint Defendant denies midland is the legal owner of the debt.

Defendant is without information or knowledge sufficient to form a belief as to the truth

of the allegations contained in ¶ 4, ¶ 5, ¶ 6, ¶ 7, ¶ 8, ¶ 9 and ¶ 10.

As to all remaining allegations of fact in the unnumbered ¶ 1 through ¶ 10 of the complaint

not specifically admitted, Defendant denies all such allegations. As to all remaining

allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or

expertise to respond to such legal conclusions and, therefore, denies them.

alleged breach of contract count one

Defendant hereby incorporates his responses stated above as if fully set forth under

Count 1 of Plaintiffs’ Complaint.

AFFIRMATIVE DEFENSES

By and for his Affirmative Defenses, Defendant states:

Third Affirmative Defense

3.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing.

Forth Affirmative Defense

4.Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim.

Fifth Affirmative Defense

5.Plaintiff in filing this Complaint has not produced a copy of the executed agreement.

Sixth Affirmative Defense

6.Plaintiff’s Complaint is not based on its personal knowledge of the alleged debt

 

This is tremendous. 

 

do wonder on this:  Do the items above have a "name" or "label"?  I ask since everything else that I am using for affirmative defenses seems to be defined with some such like " accord & satisfaction, assumption of risk, duress, estoppel, lack of standing" etc.

 

I have checked the definitions of each to be sure they apply to myself personally, so as not to have a laundry list of stuff that doesn't apply, (such as waiver, injury by fellow servent, arbitration and award, discharge in bk, etc.). 

 

These make sense, I just wanted to see if you knew they could be defined similarly......

 

& thanks again

 

 

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