Fill and Sign the In Affirmative Action Form

IN THE _________________ COURT OF __________________________ (County), ____________________________________________ (State) __________________________________________ PLAINTIFF V. 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 cause of action is not maintainable, because the claim on which Defendant is sought to be held liable is based on a contract for the sale of ___________________________________________ (e.g., real property). The contract was not in writing, nor was it evidenced by a written memorandum, as required in order to be enforceable under the provisions of the statute of frauds, ______________________________________________ ( cite statute) . 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