Legal Question in Credit and Debt Law in Florida
Where do I include my affirmative defense responses? in a separate paragraph or in my responses to each allegation in the complaint?
2 Answers from Attorneys
Separately. Each numbered paragraph of the plaintiff's complaint is an allegation. Let's say there are 10. You are going to number your paragraphs 1 thru 10 and for each one, admit or deny, or state that you do not know the accuracy of the allegation. Then after that, you are going to list your affirmative defenses. First Affirmative Defense - write it out in a short paragraph form. Next paragraph, Second Affirmative Defense, and so forth. Use the same basic format as the complaint. Send the original to the Clerk of Court and a copy to the other side. You can mail them by regular US Mail. Keep a copy.
I agree with Mr. Kaufman above. I would only add that if you believe you have the basis for a counterclaim against the plaintiff, you need to insert that after your affirmative defenses so you would be filing on responsive pleading- ANSWER AND AFFIRMATIVE DEFENSES or (if applicable) ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIM. Good luck.