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How can I reply to the defendant affirmative defense in a civil case? Should it be a motion?

Decatur, GA |

I have proof of service to the defendant register agent. Defendant stated:
Fail to state a cause of action upon which relief can be granted
Claims are barred by insufficiency of service and insufficiency of service of process
Plaintiff is not subject to the personal jurisdiction or venue of this court
Plaintiff’s claim are barred by plaintiff
Plaintiff’s own contributory and/or comparative negligence

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Attorney answers 2


You do not have to directly respond to the affirmative defenses. Many defenses are raised only as a formality to avoid waiving them. While you do not have to respond to them, if there is any substance to the defenses, you will have to overcome them to prevail. One way to do that may be by an affidavit in support for your motion for summary judgment. You will probably benefit from hiring an attorney who is familiar with the Civil Practice Act.


A sheriff's entry of service will usually overcome the service claim. If the case is with pursuing I would GET A LAWYER and have him move for summary judgment and attorney fees on this matter.