Understanding Debt Lawsuit Defenses

Рет қаралды 1,937

2 ай бұрын

0:20 What are defenses?
0:43 Affirmative defenses and why they matter
1:16 Common defenses in debt lawsuits
1:44 Statute of limitations as affirmative defense (example)
2:18 How to find your state's statute of limitations
2:59 Common affirmative defenses in a debt collection lawsuit
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Key Takeaways:
Defense vs. Affirmative Defense: What’s the difference?
DEFENSES:
When you raise a defense, you’re disputing a claim or multiple claims in the complaint document. This is the court document explaining why you’re being sued. If you’re directly disputing the accuracy of a claim in the complaint, you’re raising a defense.
This is part of the “admit, deny, don’t know” portion of the answer form covered here: • How To Fill Out an Ans...
COMMON DEFENSES IN DEBT LAWSUITS
1) The debt isn’t yours because of identity theft or because the debt collector simply misidentified the account holder.
2) The amount of the debt is wrong.
AFFIRMATIVE DEFENSES
With an affirmative defense, you’re telling the court that there’s relevant information that the debt collector left out of the complaint. And that in light of this information, they shouldn’t win the case. It might seem strange to admit that what the debt collector is saying is true while also asking the judge to let you off the hook, as you do in affirmative defenses,
COMMON AFFIRMATIVE DEFENSES IN DEBT LAWSUITS
1) The debt is too old/it's past the statute of limitations. This affirmative defense is quite common in debt collection lawsuits. Keep in mind that each state has it's own statute(S) of limitations. Learn more here: upsolve.org/learn/statute-of-...
2) The debt collector harassed or deceived you while trying to collect the debt from you which violated your rights under the Fair Debt Collection Practices Act (FDPCA). Learn more here: upsolve.org/learn/fdcpa/
3) The debt was discharged in bankruptcy
4) The debt collector didn’t properly serve the summons and complaint
or failed to follow other court rules - requirements for service vary by court, so you’ll need to know your court’s rules to figure out if this applies to you.
IMPORTANT: Every case is different. If you’re not sure how these defenses apply in your case or you simply want some guidance from a legal professional,

Пікірлер: 6

@mooseberrypi3119 Ай бұрын

Stick to general denial and avoid affirmative defenses unless you actually have a strong case (i.e. statute of limitations, identity theft, etc.)

@Upsolve 29 күн бұрын

Thanks for the comment! Many lawyers do advise a general denial, but, you're right, if you have a strong affirmative defense and proof to support it, it can bolster your case.

@leg414 6 күн бұрын

Thank you a very concise and logical layout on what to expect and what to do in some case. I would like hear more from you about how to handle these credit card companies and "Junk Buyers". Peace

@Upsolve 5 күн бұрын

Thank you for your kind words! I'm glad you found the information helpful. Dealing with credit card companies and "junk buyers" can be tricky, but it's important to stay informed about your rights and options. We have more content planned that will dive deeper into these topics, so stay tuned!

@jimmythetout109 Ай бұрын

Of course there's another side ...if you don't own an auto , rent an apt ......and your only income is your social security , and your bank account is only your social security placed there through direct deposit ......you can lose the lawsuit .....but leave the debt collector with little to gain .

@Upsolve 29 күн бұрын

Thanks for the comment, Jimmy. While it might seem tempting to ignore a lawsuit if you believe you are judgment proof, ( upsolve.org/learn/mean-judgment-proof/ it's generally not advisable. If the plaintiff get default judgment against you, it can complicate your situation further and might open the door to future legal or financial problems. It’s always best to respond and engage with the process, even if your assets are currently protected.