Affirmative Defenses and Counter-Claims

The sample Answer has a page with blank lines titled Defenses and Counterclaims.

A Defense is where you tell the court why the lender should not get what it wants. You don’t need to repeat that you disagree with what they said, but if something they didn’t mention would make a difference in the case, this is where you say it.

There are also more technical legal defenses. Determining whether you have one of those legal defenses requires a level of expertise that goes beyond what this classroom can offer. You should consult an attorney if you want to see if you have any of those defenses.

You also have the opportunity to raise counterclaims, in which you are suing the lender back for something they did wrong. Determining whether you have a counterclaim requires a level of expertise that goes beyond what this classroom can offer.  You should consult an attorney if you want to see if you have any counterclaims.

You need to ask for everything you plan to ask for now so that the Court knows as much as possible before you meet in court. However, you should keep it simple and vague – just enough to understand why you should get what you’re asking for. Save the details for court.