Suing Your Creditors > Sample Pleadings

Affirmative Defenses

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Igniter:
I'm in the process of answering a summons I have received. Will be sending it out tomorrow.

Was just wondering if the following statement would be okay to put down as a affirmative defenses:

"Plaintiff has not proven that they are authorized and licensed in the State of xxxx, or solicit the right to collect or receive payment of a claim of another."

I looked up to see if the JDB was licensed in my state and they are not. However the state statue does say that this does not stop them from communicating with a debtor.

kickinanscreamin:
Procede with cation here.  You will also want to check your state's law to see if there is a reciprocity agreement where CA from other states can collect in your state if certain conditions are met.

Igniter:

--- Quote from: kickinanscreamin on June 25, 2012   03:01:41 PM ---Procede with cation here.  You will also want to check your state's law to see if there is a reciprocity agreement where CA from other states can collect in your state if certain conditions are met.

--- End quote ---

Thank you for your reply. I'm researching this now before I submit answers to the summons.

So far I have not found any that applies to debt or a CA.

I did find a statue while looking in my states Collection Agency Act that stumped me. "Nothing in the Collection Agency Act shall be construed to authorize or permit the holder of a license or the holder of a solicitor's certificate, as provided for in the act, to engage in the practice of law."

I am assuming this means that a law firm can be a CA?

kickinanscreamin:
All that means is that CAs, who are not licensed as an attorney, cannot practice law.

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