Fill and Sign the Affirmative Defense Action Form

IN THE _______________COURT OF ___________________ (County), ____________________________________________ (State) ___________________________________________ PLAINTIFFV. CAUSE NO. ____-_________________________________________________ DEFENDANT ANSWER AND AFFIRMATIVE DEFENSES Comes now ________________________________________, Defendant herein, and submits his answer and affirmative defenses to the allegations contained in the Complaint filed against him herein. FIRST DEFENSE Defendant would show that the Complaint fails to state a claim or cause of action against him upon which any relief can be granted. SECOND DEFENSE Defendant affirmatively alleges that Plaintiff's right to maintain this action is barred by the statute of limitations, _______________________________ (cite statute). More than _______ (number of years) has now elapsed between ___________________ _______________________ (date of accrual of cause of action), the date plaintiff's alleged cause of action arose, and ___________________________ (date Complaint was filed), the date plaintiff filed his Complaint in this action. THIRD DEFENSE And now, answering the allegations of the Complaint filed against him, paragraph by paragraph, Defendant would show the following: I.Defendant admits the allegations of Paragraph I of the Complaint _____________ ________________________________________________________________________ ________________________________________________________________________ [e.g. that Defendant is an adult resident citizen of (street address, city, county, state, zip code)]. II.Defendant admits the allegations of Paragraph II of the Complaint ___________ ________________________________________________________________________ ________________________________________________________________________ [e.g. that Plaintiff is an adult resident citizen of (street address, city, county, state, zip code)]. III.Defendant denies the allegations of Paragraph III of the Complaint.IV.Defendant is without sufficient knowledge or information at this time to admit or deny the allegations of Paragraph IV of the Complaint and therefore denies same. WHEREFORE, now having fully answered said Complaint, Defendant requests that said Complaint be dismissed with prejudice and that Defendant be awarded costs of this suit from Plaintiff. Respectfully submitted, ____________________________________ DEFENDANT CERTIFICATE OF SERVICE I, _________________________________________, (Defendant) do hereby certify that a true and correct copy of the above and foregoing Answer and Affirmative Defenses has been sent, via first class mail, postage prepaid, to _____________________ ______________________ (Plaintiff) at ______________________________________ ________________________________________________________________________(street address, city, county, state, zip code).So certified, this the _____ day of ___________________, 20____. ________________________________ DEFENDANT