I am being sued by an OC for about $5k civil court, and am putting together my Answer for filing in a few days. I understand that I can't get the OC on any FDCPA violations, however when I was contacted by their collections agency (also their attornies) in April '04, I sent out a simple DV letter which was never responded to. The next coorespondence I rec'd was April '05, which was their Summons. Is there anything I can include in my Answer to fight this? Something to the effect that I was willing to pay had the validation been sent, or similar. I'm not going to gamble that they don't have my signed contract and statements, since chances are that they do. As for SOL, the entire account is only 4.5yrs old and was in good standing with no interrupts in payments for at least a year in. Sooo, I'm out of luck on FDCPA and SOL, what other options do i have for my Answer? I will use SOL as an affirmative defense, but cannot count on it. Can I use Laches? Any 'Failure to comply with <insert acronym here>'? Failure to state a claim? I need help with my Affirmative Defenses, and any wording for the Counter-Claim revolving around the lack of validation, speculating I might have paid the balance and not wasted the Court's time if it was supplied. I'm so pressed for time, agh! Thanks so much Karen
