IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA

CASE # COWE 11009871

VELOCITY INVESTMENTS, LLC Plaintiff Vs. MAKSIM MIKHAILAU Defendant

FIRST AMENDED ANSWERS AND DEFENSES

Defendant, appearing pro se, for its reply to the REQUEST FOR ADMISSIONS of VELOCITY INVESTMENTS, LLC (hereafter "Plaintiff") states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. ANSWERS 1. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 2. Deny. Defendant is not aware of the genuineness of the purported document and cannot ascertain it's authenticity and on that basis does not admit to it, but that upon a proper showing that there is such a document for Defendants review Defendant may revise this denial 3. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

5. Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. AFFIRMATIVE DEFENSES 14. As and for a First Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 15. As and for a Second Defense Plaintiff admits to purchasing the defaulted debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. 16. As and for a Third Defense Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 17. As and for a Fourth Defense Defendant claims a Failure of Consideration as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. 18. As and for a Sixth Defense Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. 19. As and for an Seventh Defense Plaintiff's Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. 20. As and for a Eights Defense Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 21. As and for a Ninth Defense Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws. 22. As and for a Tenth Defense Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

23. As and for a Eleventh Defense Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive. 24. As and for a Twelfth Defense Plaintiff's alleged damages are limited to real or actual damages only. 25. As and for a Thirteenth Defense Defendant invokes the doctrines of volenti non fit injuria and Comparative Negligence/ASSUMPTION OF RISK. Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily ex-posed himself/herself to the danger. 26. As and for a Fourteenth Defense Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive. 30. As and for a Fifteenth Defense Plaintiff's alleged damages are limited to real or actual damages only.

31. As and for a Sixteenth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not. By the Defendant pro se Dated: September 1, 2011 MAKSIM MIKHAILAU

4160 NW 62ND DRIVE COCONUT CREEK, FL 33073 561-706-9777

NOTICE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by mail this 1st day of September 2011 to: Jorge L. Palma, Esq. FBN 0597708, 701 SW 27th Ave., Ste 900, Miami, Fl 33135

MAKSIM MIKHAILAU

4160 NW 62ND DRIVE COCONUT CREEK, FL 33073 561-706-9777