ai.law

Debt Collection Answer

The Lawsuit Pasted into AI.LAW:

FRANKLIN COUNTY COMMON PLEAS COURT
FRANKLIN COUNTY, OHIO
CREDIT UNION
PLAINTIFF
v.
JOHN DOE
DEFENDANT
CASE NO.:
COMPLAINT
1. The Defendant applied for a Credit Card account with the Plaintiff.
2. By use of the account, the Defendant became bound by the terms in the Credit Card Agreement. Copies of the Statement and Agreement are attached hereto s Exhibits A and B.
3. The Defendant defaulted under the terms of the Agreement. The Plaintiff has exercised its nights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff.
4. The amount due and owing by the Defendant is $15,767.58.
5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant did not pay.

AI.LAW assembled the following answer

FRANKLIN COUNTY COMMON PLEAS COURT

FRANKLIN COUNTY, OHIO

CREDIT UNION,

PLAINTIFF,

v.

JOHN DOE,

DEFENDANT.

CASE NO.:

ANSWER TO COMPLAINT

COMES NOW, Defendant, John Doe, appearing pro se, and for his Answer to Plaintiff’s Complaint, states as follows:

1. As to the first allegation, Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegation and therefore denies the same.

2. As to the second allegation, Defendant denies the allegation. Defendant further states that Plaintiff has failed to attach a signed copy of the alleged Credit Card Agreement, thereby failing to establish privity of contract.

3. As to the third allegation, Defendant denies the allegation. Defendant further states that Plaintiff has failed to provide any evidence of default under the alleged Agreement.

4. As to the fourth allegation, Defendant denies the allegation. Defendant further states that Plaintiff has failed to provide any evidence of the alleged amount due and owing.

5. As to the fifth allegation, Defendant denies the allegation. Defendant further states that Plaintiff has failed to provide any evidence of a demand for payment.

AFFIRMATIVE DEFENSES

1. Defendant asserts the defense of insufficient process, as Plaintiff has failed to properly serve Defendant with the Complaint.

2. Defendant asserts the defense of lack of standing, as Plaintiff has failed to establish its legal right to bring this action.

3. Defendant asserts the defense of failure to state a claim upon which relief can be granted, as Plaintiff has failed to allege facts sufficient to constitute a cause of action.

4. Defendant asserts the defense of statute of limitations, as Plaintiff’s claim is barred by the applicable statute of limitations.

5. Defendant asserts the defense of laches, as Plaintiff’s delay in bringing this action has prejudiced Defendant.

6. Defendant asserts the defense of failure to mitigate damages, as Plaintiff failed to modify the loan to help Defendant make payments when he lost his job.

WHEREFORE, Defendant, John Doe, respectfully requests that this Court dismiss Plaintiff’s Complaint with prejudice, award Defendant his costs and attorney’s fees incurred in defending this action, and grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

_____________________

John Doe, Pro Se

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