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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© Civil Law Self-Help Center
Clark County, Nevada
ANS
_____________________
(NAME)
_________________________
(ADDRESS)
_________________________________
(CITY, STATE, ZIP)
_________________________________
(TELEPHONE)
Defendant Pro Se
JUSTICE COURT
CLARK COUNTY, NEVADA
)
) Case No.:
Plaintiff, ) Dept. No.:
)
vs. )
)
) (debt or 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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© Civil Law Self-Help Center
Clark County, Nevada
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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© Civil Law Self-Help Center
Clark County, Nevada
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 is a purchaser of credit card debt, and the Complaint fails to contain
the below checked information required by NRS Chapter 97A as amended by AB 472 (effective
7/1/09):
G The name of the issuer;
G The last four digits of the account number originally assigned by the issuer;
G All subsequent account numbers assigned to the credit card debt by all
assignees of the credit card debt; and
G The date of the default on the credit card debt.
8._____. ________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
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© Civil Law Self-Help Center
Clark County, Nevada
9. 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) costs; and
3. Award Defendant(s) such other relief as the Court deems just and equitable.
DATED this day of , 20 ,
Per NRS 53.045, I declare under penalty of
Perjury that the foregoing is true and correct.
Defendant Pro Se
I HEREBY CERTIFY that on the _________ day of ________________, 20___, I
CERTIFICATE OF MAILING
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:
_________________________________
_________________________________
_________________________________
_________________________________
Per NRS 53.045, I declare under penalty of
Perjury that the foregoing is true and correct.
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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