What affirmative defenses should I raise in response to a lawsuit?

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AFFIRMATIVE DEFENSES GENERALLY
Attorney Steve Vondran provides general legal information about affirmative defenses, what they are, how to raise them in answering a complaint brought by a Plaintiff and other helpful litigation information.
This is not an exclusive list of affirmative defenses, and to see more view the link about. Our firm handles contract, tort, property, copyright, trademark and other litigation cases. Affirmative defenses must be RAISED or they may be deemed WAIVED. This is general legal information only and not legal advice. Some of the defenses discussed on this litigation warrior video and blog are:
1. Laches
2. Statute of limitations
3. Statute of frauds
4. Waiver
5. Estoppel
6. Assumption of risk
7. Reservation of defenses
8. Mutual mistake
9. Truth as a defense to defamation
10. Fraudulent inducement
11. Usury
12. Bankruptcy discharge
13. No private right of action
14. Statutory compliance
15. Duress
Again, this is just a sample list. If you have more question, click on the link about and contact our law firm. We wish you the best of success in your case.
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Пікірлер: 68

@princessbearpoker9549 4 ай бұрын

Thank you for being here!!! Love love love ya!

@vancejochim1439 5 жыл бұрын

Great overview of defenses. As a pro se defendant, I appreciate them.

@attorneysteve 5 жыл бұрын

Glad you liked them Vance

@vancejochim1439 5 жыл бұрын

@@attorneysteve FYI - you have a link to "LawsuitDefenses.com" in your video, and it leads to an advertising page. You need to update those links to the one you include in the description which does work.

@JUSTTHETRUTHTV 2 жыл бұрын

Thank you for sharing! I don't think people have the money to pay people to do this now. This will go a long way in helping people are being attacked by the legal system.

@CVenza 5 ай бұрын

@JUSTHETRUTHTV; You are right it is called the Bar. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. A club basically.

@attorneysteve 8 жыл бұрын

Thank you for the nice comments about common defenses that are raised in a civil lawsuit. Makes sure to subscribe to our legal channel and click on the link above to take you to our blog page that lists all the affirmative defenses we are aware of. Great guide, and we will be updating this with more video!!

@siberegbp 3 жыл бұрын

There is NOT a single law firm in Australia offering any similar KZfaq legal info as opposed to you guys in North America. We desperately need someone with similar expertise to help us down here at the moment

@attorneysteve 3 жыл бұрын

Wow, wish I had a license there I would pitch in with some videos!! Steve

@simplyawsome918 7 жыл бұрын

Thank you sooooo..... much. Video and info was super helpful!

@attorneysteve 7 жыл бұрын

Very welcome, glad you liked!! Attorney Steve

@nicholasmaxwell4578 5 жыл бұрын

Thank you Steve. Your videos are a God send.

@attorneysteve 5 жыл бұрын

You are very welcome - knowledge sharing is caring!!! Steve

@yvisan68 8 жыл бұрын

Thanks! Very Very helpful and informative

@JulieFreyHomeWebBiz 8 жыл бұрын

Thanks for excellent and clear explanations. 1. Does simply not including detailed information in a complaint (such as no date with a debt collection claim) open up opportunities for more affirmative defenses? 2. FDCPA Violations. Which affirmative defenses are most appropriate to use if there were improper contacts (by mail or phone) prior to lawsuit filing? (And there is a filed case against legal firm filing complaint so there is no need for a counterclaim.)? 3. State vs. Federal entanglements. Wisconsin Statute section 425.109(1)(h) What types of arguments weigh heaviest when there are state regulations not in harmony with Federal mandates or codes? (Such as FDCPA.)

@exportel1 4 жыл бұрын

Awsome one , thanks Steve

@PANTYEATR1 6 жыл бұрын

thanks Steve, but how do you counter if the person you are suing uses an affirmative defense?

@DonaldSchnell 7 жыл бұрын

Thank you!

@GiselleTrujillo 5 жыл бұрын

EXCELLENT, THANK YOU!

@tylerlee2612 4 жыл бұрын

great video!!! this was helpful!

@davidarmstrong132 5 жыл бұрын

Attn. Steve is a refusal of accepting full payment twice diff. time, diff. people by a Credit Union be under Repuadiation Doctrine and therefore the party making the claim have thus abandoned right to debt? and what other defense would that also fall under? Thanks alot for your knowledge and time and Happy Thanksgiving to you and yours.

@777dingo 6 жыл бұрын

I'm being sued by a bank credit card and my last payment was in Dec. 2014 it is now January 2018 so would a Laches defense be a good one? (unreasonable time has passed), however it hasn't reached the 4 year statute of limitations yet.

@yeetnama9094 2 жыл бұрын

God bless you sir.

@Kaby629 5 жыл бұрын

what are some affirmative defenses that go with verbal agreements? My state accepts them in consumer protection code.

@jerodnerad9407 4 жыл бұрын

Can you recommend a book that would have this information in it? Can you recommend an internet based attorney to ask questions on civil law for consultation only?

@ivonnehp Жыл бұрын

Do you submit both a general denial and the answer on pleading paper? or just one

@beverlypeterson1281 4 жыл бұрын

what if a collection agency is attempting to collect on an old medical bill and you haven't been gainfully employed since the bill ensued? is that an affirmative defense?

@elusnake 4 жыл бұрын

Hi Steve! I noticed that you mentioned "Failure to state a claim upon which relief can be granted" as an Affirmative Denfense, but isn't it a Defense Asserted by Motion that must be raised before the responsive pleading? Or you can also assert this as an Affirmative Defense within the Responsive Pleading? I hope you can clear this up for me. Thank you for the video!

@garypuckettmuse 3 жыл бұрын

Motions are not used to 'defend" anything. Motions are only about asking the court to do something. The court won't defend anyone, obviously. The motion to dismiss for failure to state a claim can be filed, in my state, before or after the "answer to the complaint". We call it an answer not a pleading in my state because pleading is a very general term. Not all pleadings are answers to the complaint. It can also be used as an affirmative defense in the answer to the complaint. This is in my state. If you're going for it certainly try it before answering because if the motion is granted you have knocked out the whole complaint or part of it up front before answering, but regardless of that outcome you must also claim it as an affirmative defense in your answer. And maybe you can file a motion to dismiss on those grounds after the answer in your state. In my state there are at lease three types of motions to dismiss which can be filed throughout a case and this is one of them. I am not a lawyer. Hope that helps. .

@ej2333 3 жыл бұрын

Do you have a video on putting a lien on Government Property?

@ivalinapasse2469 6 жыл бұрын

excellent

@nlight101 Жыл бұрын

tolling, latches- stats of fraud, - I had to look them up- after an answer- but the complaint was answered late- and they moved the court with a "sever" on a misnomer- anyway- not a an attorney- so i looked up all words- DOJ- responded to a late response- and just tried it..

@iggybarrato9009 3 жыл бұрын

Is fraud tort, criminal or civil. If fraud can be proven is res j udicata applicable?

@zeezee7856 Жыл бұрын

My name is Added to do not issue warrant list for his baby mama for calling and filing fraudulent claims against me that was thrown out in court Granted Me a restraining order against her

@PatrickMichaelOLeary 5 жыл бұрын

Does/can fraud (in the inducement) trump a Statute Of Limitations defense?

@isabelduarte8656 4 жыл бұрын

Thank you :)

@attorneysteve 4 жыл бұрын

You are welcome, glad you liked my affirmative defenses video!

@isabelduarte8656 4 жыл бұрын

I wish I can learn more. Can of slow.my cousin took my deseced parents property away. Don't know how to go by lawyer cost slot of $! I got two fraud and forgerty on my parent property.

@brendankeane5725 Жыл бұрын

Is the list of defenses available somewhere? Love your videos.

@rachaelgoldstein8091 7 жыл бұрын

I got served through my mailbox is that proper of being served. and I being sue by a credit card company and I was wondering how u find out if original creditor or the debt?

@attorneysteve 7 жыл бұрын

Hi Goldstenin, we cannot give legal advice online per our rules. Check with the rules in your state to get a better response!! Best of luck!! - Attorney Steve -

@777dingo 6 жыл бұрын

The Plaintiff should be listed on your papers that they served you, and in Texas it's fine to serve by certified mail as long as you signed for it, if you don't sign for it and it gets returned, then they will ask the judge to let them send you the notice in first class mail and also attach a copy to your door.

@geethanatarajan5758 6 жыл бұрын

How an attorney defend a person who did not remain silent during FBI interview, and also try to defend him through English which is his second language by which the case has turned against him with that. What kind of deffence an attorney should be doing?

@DaRyteJuan 4 жыл бұрын

Attorney Steve, do you have a video on dismissing (or quashing) frivolous affirmative defenses? Defenses that the Defendant has no hope of proving? That are wasteful of the Plaintiff’s and the court’s time.

@attorneysteve 4 жыл бұрын

There is some information that may be helpful here. www.plaintiffmagazine.com/recent-issues/item/two-can-play-at-that-game

@DaRyteJuan 4 жыл бұрын

Steve Vondran Thanks, Attorney Steve. Monitoring your KZfaq channel on a Sunday. You’re a machine! 😎👍🏻

@DaRyteJuan 4 жыл бұрын

Steve Vondran PS: Who knew there was a magazine JUST for PLAINTIFFS!? haha

@DaRyteJuan 4 жыл бұрын

Steve Vondran Yeah. I reviewed that article. Very useful. Plaintiff only has 10 days to file it through. Gotta be on your game to try pull that Double-Immelmann.

@mariaa.5829 2 жыл бұрын

Laches is a good one

@UrDominioN 3 жыл бұрын

I tried to get your list but I guess I'm a day late and a dollar short. Lol

@ernestorosete8565 6 жыл бұрын

What about the affirmative reliefs? People have a right to reverse the judgment and collect sanctions and punitive damages !

@jeannettesmith1248 11 ай бұрын

What does LMCV stand for in civil cases

@attorneysteve 11 ай бұрын

Let Me Call Vondran? LOL

@swong751 4 жыл бұрын

Enjoy your vids... You look funny here...Star Trek outfit?

@attorneysteve 4 жыл бұрын

lol. Some funky shirt I found somewhere!! : )

@coliseummusicgroup9860 6 жыл бұрын

I seen make some comments around a child support video and I'm support a have a few important questions

@mariaa.5829 2 жыл бұрын

Unclean Hands.

@redbaron4313 2 жыл бұрын

@davop4919 9 ай бұрын

Wow serious echoes 😮

@attorneysteve 9 ай бұрын

sound is bad?

@davop4919 9 ай бұрын

@@attorneysteve Yes the echoes are terrible I couldn't listen sorry. It was 8 years so no big deal.

@attorneysteve 9 ай бұрын

I am a work in progress. I have some new concepts coming down the pike. Stay tuned!!

@andrew_koala2974 4 жыл бұрын

Steve Vondran The acoustics are terrible. In an empty room, the sound reverberates and it sounds as if you are talking with a bucket over your head. Not very professional. Hire someone who understand acoustics and recording, as you are not good at it.

@yeetnama9094 2 жыл бұрын

Go away 😒