Claim of relief must contain
When debt collector file lawsuit against a debtor for alleged debt, that run out of statute of limitation a debtor must respond to a court by file Motion to dismiss under Rule 8 General rule of pleading. Under rule 8 a pleading that states a claim for relief must contain
- a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
- short and plain statement of the claim showing that the pleader is entitled to relief; and
- demand for the relief sought, which may include relief in the alternative or different types of relief
When you respond to a pleading, you must
- state in short and plain terms its defenses to each claim asserted against it; and
- Admit or deny the allegations asserted against it by an opposing party. A denial must fairly respond to the substance of the allegation. A party that intends in good faith to deny all the allegations of a pleading including the jurisdictional grounds may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
You must insert affirmative defenses in responding to a pleading. Those are common affirmative defenses:
• Accord and satisfaction-is a contract law concept about the purchase of the release from a debt obligation. The payment is typically less than what is owed and is not paid by the actual performance of the original obligation. The accord is the agreement to discharge the obligation and the satisfaction is the legal consideration which binds the parties to the agreement.
• arbitration and award- the contract required the parties to arbitrate any dispute rather than going to court.
• duress- refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person
• estoppel-is a set of doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result.
• failure of consideration-is a technical legal term, which refers to a situation where somebody fails entirely to perform their side of a contract. As a result, the other party may have a claim in unjust enrichment for restitution of the purchase price or other consideration they have provided for the bargain.
• laches- unreasonable delay pursuing a right or claim... in a way that prejudices the opposing party
• statute of limitations- statues of limitations are written laws passed by a legislative body in common law to restrict the maximum time after an event that legal proceedings may be initiated.Once the statute of limitations runs out the claim is no longer valid. The intentions of these laws can facilitate the resolution in a reasonable amount of time