I realize that the formatting is wrong, the cut and paste messed it up, but what do you all think of how I answered the complaint. Should I add the counterclaims and Affirmative Defense? Especially worried about Affirmative Defense since I denied the debt in the answer. Can you give an affirmative defense if you deny all complaints?
I. ANSWER
Defendant answers the complaint as follows:
Admit the statement in paragraph (1).
Deny the statements in paragraph (2).
Lacks knowledge and information sufficient to form a belief about the truth and therefore denys the statements in paragraph (3).
II. AFFIRMATIVE DEFENSE
1. This complaint is barred by the fact that plaintiff lacks standing to
bring an action. Plaintiff is not a party to the alleged debt and is not
connected to the debt. Defendant owes no duty to respond to
plaintiff's allegations regarding the alleged debt.
III. COUNTERCLAIMS
(1)
The Plaintiff engaged in conduct that natu ral consequence of which is to harass, oppress, or abuse defendant in connection with the collection of alleged debt. Specifically, Plaintiff
caused defendant’s telephone to ring and engaged defendant in telephone conversation repeatedly and continuously with intent to annoy, abuse, and harass defendant and individuals residing at or visiting defendants home in violation of Fair Debt Collection Practices Act 15 USC 1692d.
(2)
The Plaintiff left messages on Defendants answering machine without meaningful disclosure of callers identity in violation of Fair Debt Collection Practices Act 15 USC 1692c.
WHEREFORE, defendant requests that plaintiffs lawsuit be dismissed with prejudice and that the plaintiff take nothing by the complaint, which will be dismissed, with prejudice.
The defendant requests to recover from plaintiff costs in the amount of $1000 for violation of Fair Debt Collection Practices Act 15 USC 1692d and c.