Fillable Form 7: CLARK COUNTY, NEVADA JUSTICE COURT (Civil Law Self-Help Center)

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Form 7: CLARK COUNTY, NEVADA JUSTICE COURT (Civil Law Self-Help Center)

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ANS
_____________________
(NAME)
_________________________
(ADDRESS)
_________________________________
(CITY, STATE, ZIP)
_________________________________
(TELEPHONE)
Defendant Pro Se
JUSTICE COURT
CLARK COUNTY, NEVADA
)
) Case No.:
Plaintiff, ) Dept. No.:
)
vs. )
)
) (payday loan)
ANSWER
)
Defendant. )
_________________________________________ )
Defendant(s), _______________________________, Pro Se, hereby submits this
Answer to the Complaint on file herein, and alleges and avers as follows:
1. Answering paragraph(s)_________________________________________________
of Plaintiff’s Complaint, Defendant(s) ADMITS each and every allegation contained therein.
2. Answering paragraph(s)_________________________________________________
of Plaintiff’s Complaint, Defendant(s) DENIES each and every allegation contained therein.
3. Answering paragraph(s)_________________________________________________
of Plaintiff’s Complaint, Defendant(s) state(s) that defendant(s)do(es) not have sufficient
knowledge or information upon which to base a belief as to the truth of the allegation contained
therein and therefore Defendant(s) DENIES each and every allegation contained therein.
4. Answering paragraph(s) ____________________________________ of the Plaintiff’s
Complaint, Defendant(s) STATE(S) _______________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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1. Defendant(s) hereby incorporate(s) by reference those affirmative defenses
enumerated in JCRCP 8 as though fully set forth herein, as applicable upon discovery. In the
event further investigation or discovery reveals the applicability of any such defenses,
Defendant(s) reserve(s) the right to seek leave of court to amend this Answer to more
specifically assert any such defense. Such defenses are herein incorporated by reference for the
specific purposes of not waiving any such defenses.
DEFENSES
_____. Accord and satisfaction.
_____. Arbitration and award.
_____. Assumption of risk.
_____. Contributory negligence.
_____. Discharge in bankruptcy.
_____. Duress.
_____. Estoppel.
_____. Failure of consideration.
_____. Fraud.
_____. Illegality.
_____. Injury by fellow servant.
_____. Laches.
_____. License.
_____. Payment.
_____. Release.
_____. Res judicata.
_____. Statute of frauds.
_____. Statute of limitations.
_____. Waiver.
/ / /
/ / /
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1. _____. Failure to state a claim upon which relief can be granted.
POTENTIAL DEFENSES
2. _____. The amounts claimed in the Complaint violate the doctrine of
unconscionability and should not be enforced. Johnson v. Cash Store, 68 P.3d 1099 (Wash. Ct.
App. 2003); Pinkett v. Moolah Loan Co.
3. . The late charges sued upon, if any, when charged on top of exorbitant interest,
are liquidated damages and void as a penalty under
, 1999 U.S. Dist. LEXIS 172276, 1999 WL 1080596
(D. Ill., 1999).
In re Bryant, 39 B.R. 313 (D. Nev. 1984);
Golden v. McKim
4. _____. Defendant may be entitled to a setoff and/or offset.
, 37 Nev. 205, 141 Pac. 676 (1914).
5. _____. The Plaintiff’s claim is offset by statutory damages available to Defendant
under the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., for Plaintiff’s
failure to provide Defendant with a written notice of and/or verification of the alleged debt that
meets the requirements of 15 U.S.C. § 1692g.
6. _____. This debt was incurred prior to my active military duty, and under the Service-
members Civil Relief Act, 50 U.S.C. § 501, interest on that debt must be reduced to 6% and any
amount higher must be forgiven.
7. _____. Plaintiff violated Nevada Revised Statute Chapter 604A, the particulars to be
determined upon full discovery. If Plaintiff is found to have willfully violated any provision of
NRS Chapter 604A, then the loan is void and the lender is not entitled to collect, receive, or
retain any principal, interest, or other charge or fee (NRS 604A.900). Additionally, if Plaintiff is
found to have knowingly violated particular provisions of NRS Chapter 604A, Defendant is
entitled to recover $1,000 for each such violation (NRS 604A.930(2)). As such, Defendant may
owe Plaintiff nothing, may be entitled to a full refund of all monies previously paid to Plaintiff,
and may be entitled to an award of statutory damages.
8. _____. Plaintiff violated Nevada Revised Statute Chapter 675, the particulars to be
determined upon full discovery.
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9. _____. Plaintiff has engaged in Deceptive Trade Practices in violation of Nevada
Revised Statute Chapter 598, entitling Defendant to actual damages under NRS 41.600.
10 . _____. ______________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
11. All possible affirmative defenses may not have been alleged herein insofar as
sufficient facts were not available after reasonable inquiry upon filing of this Answer. Therefore
Defendant(s) reserve(s) the right to amend this Answer to allege additional affirmative defenses
and claims, counter-claims, cross-claims or third-party claims, as applicable, upon further
investigation and discovery.
WHEREFORE, this Answering Defendant prays that this Honorable Court will:
1. Dismiss the Complaint with prejudice or grant Plaintiff a reduced amount based upon
the admissions, denials and affirmative defenses, if any, as alleged above herein;
2. Award Defendant(s)’s costs; and
3. Award Defendant(s) such other and further relief as the Court deems just and
equitable.
Pursuant to Nevada Revised Statute 53.045, I declare under penalty of perjury that the
foregoing is true and correct.
DATED this day of , 20 ,
Defendant Pro Se
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CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the _________ day of ________________, 20___, I
placed a true and correct copy of the foregoing ANSWER in the United States Mail at Las
Vegas, Nevada, with first-class postage prepaid, addressed to the following:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________
Defendant Pro Se
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Form 7: CLARK COUNTY, NEVADA JUSTICE COURT (Civil Law Self-Help Center)

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Completed 8 January 2021

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