ANSWER AND AFFIRMATIVE DEFENSES

STATE OF INDIANA

COUNTY OF _____________

     _______ COUNTY SUPERIOR COURT

CASE NO: ____________
VELOCITY INVESTMENTS, LLC

 

Plaintiff,

v.

ELEXUS SMITH,

Defendant

  

 

ANSWER AND AFFIRMATIVE DEFENSES

Defendant, ELEXUS SMITH answers the Complaint filed by Plaintiff as follows:

  1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 1 of the Complaint. Defendant invites Plaintiff to strict proof thereof.
  2. Defendant asserts that she is not in default because she is exercising her right to consolidate, following advise from Cross River Bank.
  3. Defendant reasserts the averments in paragraph 2 above.
  4. Plaintiff has no right to demand payment of the debt because Defendant was advised to consolidate by the Cross River Bank.

WHEREFORE Defendant denies that Plaintiff is entitled to any relief requested by the Plaintiff.

FURTHER ANSWER AND AFFIRMATIVE DEFENSES

By way of further Answer and as Affirmative Defenses, Defendant denies that she is liable to Plaintiff as alleged and denies that Plaintiff is entitled to any damages or to any relief whatsoever, and states as follows:

  1. Defendant did not settle the debt with Cross River Bank because she was going to consolidate. Cross River Bank advised Defendant to stop paying at the time.
  2. Defendant never entered into any agreement with Plaintiff.
  3. Plaintiff is in violation of the Fair Debt Collection Practices Act in the following ways:
  4. Plaintiff has not presented any proof of purchase of the debt from Cross River Bank.
  5. Plaintiff has not received any letter from Plaintiff to either verify or dispute the debt.
  • Plaintiff has accessed Defendant’s private information without Defendant’s consent.

FIRST AFFIRMATIVE DEFENSE

(Failure to State a Claim)

  1. The Complaint fails to state a claim upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

(Failure to Mitigate)

  1. The claims made in the Complaint are barred, in whole or in part, because of a failure to mitigate damages, if such damages exist.

ADDITIONAL DEFENSES

  1. Defendant reserve the right to assert additional defenses based on information learned or obtained during discovery.

WHEREFORE, Defendant prays for judgment as follows:

  1. That Plaintiff takes nothing by way of their Complaint against Defendant;
  2. That the Complaint and each and every purported claim for relief therein, be dismissed with prejudice.
  3. That Defendant be awarded her costs of suit incurred herein, and
  4. For such other and further relief as the Court deems just and proper.

 

Dated: __________

 

Respectfully submitted:

 

 

 

 

______________________________

ELEXUS SMITH

4048 Benecia Ct.

Indianapolis IN 46235

Pro se

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF MAILING

I, ELEXUS SMITH, hereby certifies that on [ENTER DATE], copies of the foregoing Answer and Affirmative Defenses have been sent to the Plaintiff in the following address:

Seth Row, #30835-90

Javitch Block LLC

1100 Superior Avenue, 19th Floor

Cleveland OH 44114-2521

(800) 837-0109

CLE@jbllc.com

Fax (216) 623-0190

 

 

______________________________

ELEXUS SMITH

4048 Benecia Ct.

Indianapolis IN 46235

Pro se

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )