15 Legal Templates

Sent to the plaintiff or its counsel before or after a lawsuit is filed. Demands the original credit agreement, complete payment history, all Bills of Sale, and the 1099-C if issued. Triggers the 30-day validation period under the FDCPA.

Complete Answer denying all allegations, raising affirmative defenses (statute of limitations, lack of standing, failure to state a claim, accord and satisfaction, payment, discharge in bankruptcy), and demanding strict proof of all elements.

Sworn affidavit denying the debt, challenging the chain of title, disputing the plaintiff's evidence, and raising genuine disputes of material fact. Creates the evidentiary record necessary to defeat summary judgment.

Complete opposition brief arguing: genuine disputes of material fact exist; plaintiff has not met its burden; affidavit is insufficient; chain of title is unestablished; securitization defenses apply.

Complete discovery package demanding: original credit agreement, complete payment history, all Bills of Sale, 1099-C, PSA (if securitized), identity and qualifications of affiant, and basis for claimed balance.

Complete Notice of Deposition with full deposition outline covering: affiant's qualifications, personal knowledge of the account, chain of title, business records foundation, and securitization. The notice alone frequently triggers settlement.

Filed when the plaintiff fails to respond to discovery demands or provides evasive responses. Seeks an order compelling complete responses and an award of attorney's fees (or costs for a pro se defendant).

Sent after the deposition notice or after discovery reveals deficiencies in the plaintiff's case. Identifies the specific deficiencies, demands dismissal with prejudice or a specific settlement amount, and sets a response deadline.

Filed when discovery confirms the plaintiff cannot establish standing, chain of title, or the business records foundation. Argues that no genuine dispute of material fact exists and the natural person is entitled to judgment as a matter of law.

Filed when the plaintiff refuses to produce discovery or fails to appear for a properly noticed deposition. Seeks an order compelling production and an award of sanctions for obstruction. Includes language targeting securitization trust documents and PSA production.

Converts the defendant's position into an offensive counterclaim under 15 U.S.C. §§ 1692e, 1692f (FDCPA) and 15 U.S.C. § 1681s-2 (FCRA). Targets false representations of ownership, re-aging violations, and failure to investigate disputes. Statutory damages up to $1,000 per violation plus attorney's fees.

The natural person's sworn testimony denying every material allegation: no contract with plaintiff, no knowledge of the assignment, no acknowledgment of the claimed balance, and no recognition of plaintiff's standing. Drafted without penalty of perjury language; notary acknowledgment is the proper authentication.

Filed 5–10 days before trial. Identifies the parties, states the legal issues, lists anticipated exhibits and witnesses, previews evidentiary objections, and argues why judgment must be entered for the natural person. Frames the legal issues in your favor before the first witness is sworn.

Opens settlement negotiations from a position of documented strength. References deposition admissions, discovery failures, and pending motions. Written in settlement privilege language (Rule 408) so it cannot be used against you at trial. Goal: dismissal with prejudice, not a payment arrangement.

Complete appellate brief for debt collection cases where the trial court entered judgment for the plaintiff. Includes all eight required sections, three pre-drafted argument blocks (hearsay, standing, due process), Notice of Appeal, Motion to Stay Enforcement, and State Supreme Court certiorari petition addendum.