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Answer With Special and Affirmative Defense and Counterclaim

The defendant is responding to a complaint filed against them for the collection of a sum of money. They admit some facts from the complaint but deny that the loan was not paid. They paid the plaintiff PHP 250,000 on October 21, 2017 as evidenced by a receipt. As affirmative defenses, the defendant states the obligation was paid and the cause of action has been extinguished. As a counterclaim, the defendant requests PHP 25,000 in attorney's fees for this unwarranted lawsuit.

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cristian lee
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59 views3 pages

Answer With Special and Affirmative Defense and Counterclaim

The defendant is responding to a complaint filed against them for the collection of a sum of money. They admit some facts from the complaint but deny that the loan was not paid. They paid the plaintiff PHP 250,000 on October 21, 2017 as evidenced by a receipt. As affirmative defenses, the defendant states the obligation was paid and the cause of action has been extinguished. As a counterclaim, the defendant requests PHP 25,000 in attorney's fees for this unwarranted lawsuit.

Uploaded by

cristian lee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 3

Page 1 of 3

Civil Case No: Exercise-005


For: Collection of Sum of Money

----x

ANSWER WITH SPECIAL AND


AFFIRMATIVE DEFENSE AND
COUNTERCLAIM

NOW COMES the defendant, by counsel, in the above entitled


case, and to this Honorable Court most respectfully states that:

1. Defendant admits the averment in paragraph 1, 2, 3 and


4 of the complaint;

2. Defendant specifically denies the allegation in paragraph


5 of the complaint, the truth being that prior to the loan
becoming due and demandable, specifically on October
21, 2017, defendant already paid the plaintiff in the
amount of TWO HUNDERED FIFTY THOUSAND
PESOS (Php 250,000.00). Attached herewith is the
receipt evidencing the payment of the loan, hereto
attached as Annex “A”;

3. Defendant has no knowledge or information to form a


belief as to the truth of the averment in paragraphs 5 and
6 of the complaint;

By way of special and affirmative defenses, defendant avers:

1. That the obligation has been paid;

2. That the defendant had obtained the loan from plaintiff


and paid said promissory note;

3. That the cause of action has already been extinguished.


Page 2 of 3
Civil Case No: Exercise-005
For: Collection of Sum of Money

By way of counterclaim, defendant alleges:

1. That by virtue of this unwarranted and malicious act


initiated by the plaintiff, defendant was forced to engage
the services of counsel in the amount of Php 25,000.00.

PRAYER

WHEREFORE, defendant respectfully prays that the complaint


be dismissed and plaintiff be directed to pay him the amount of
TWENTY FIVE THOUSAND PESOS (Php 25,000.00) as Attorney’s
Fees.

Other equitable reliefs are likewise prayed for.

Digos City, Davao del Sur. 10th of January 2018.


Page 3 of 3
Civil Case No: Exercise-005
For: Collection of Sum of Money

ANNEX A

October 21, 2017

This document serves as a receipt evidencing the fact that I, NILDA LAMPARA, has fully paid
my obligation to ALBERTO PUNO in the amount of TWO THOUSAND FIVE HUNDRED (Php 250,
000) PESOS this 21st of October 2017 in Digos City, Davao del Sur.

Payor: Nilda Lampara

Payee: Alberto Puno

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