Fill and Sign the Civil Affirmative Defense 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 has performed all of the acts required of him under the contract which Plaintiff claimed that Defendant has breached, except ____________________________ ________________________________________________________________________ _____________________________ (set forth provisions claimed to have been waived). On or about ______________________ (date), Plaintiff waived the terms and conditions of the said contract which were not performed by Defendant, and it was agreed between Plaintiff and Defendant that in lieu of such terms and conditions Defendant should ________________________________________________________________________________________________________________________________________________ (set forth terms and conditions Defendant agreed to perform). Defendant then performed all the terms and conditions required of him under the contract as modified. 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