MC-025

Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009]

ATTACHMENT to Judicial Council Form

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SHORT TITLE: CASE NUMBER:

ATTACHMENT (Number): 4

(This Attachment may be used with any Judicial Council form.) AFFIRMATIVE DEFENSES. 1. The amount claimed by the Plaintiff has been inflated to include improper over-limit charges, finance charges, and late payment fees inappropriately charged by the Plaintiff. Defendant submits that these charges are exorbitant and unconscionable and to allow Plaintiff to collect these amounts would be inequitable. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. Plaintiff has charged excessive and usurious interest, late fees, penalties and Defendant has not been able to reduce the alleged debt, making performance of the obligation impossible. Defendant believes that the combined charges, interest, late fees, and penalties should be discharged in their entirety. 2 Defendant alleges that the Plaintiff and each and every cause of action contained in the complaint, is barred by reason of acts, omissions, representations, and courses of conduct by Plaintiff which consists of enticing Defendant into opening an account with low interest rates and/or a preapproved card by which Defendant was led to rely to Defendant’s detriment. The Plaintiff misrepresented the terms and conditions under the alleged agreement by not disclosing all material facts to the Defendant, whereby the Defendant was induced to sign the agreement without knowledge or reasonable opportunity to obtain knowledge of its true character or its essential terms, resulting in fraud in the inducement. 3. The Plaintiff materially altered the agreement, which changed the alleged agreement in material respects, otherwise than as agreed, where said alterations are unenforceable and operate as a discharge.4. Defendant alleges that if there presently exists or ever existed, any or all of the alleged rights, claims or obligations which Plaintiff seeks by way of their complaint, said claims or obligations are unenforceable because Plaintiff voluntarily, with knowledge, made an assumption of risk in assuming ownership of a defaulted debt, and is not entitled to damages. 5. Defendant claims contributory negligence as Plaintiff admits that when the purchased the debt they knew it was in default, causing Plaintiff’s injury to its own self. Therefore Plaintiff is barred from seeking relief for damages. 6. Defendant alleges that Plaintiff’s claim may be barred by statute of limitations.

(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 3 of 3 Attachment are made under penalty of perjury.)

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