Affirmative Defenses?

[glarco]

Trying to prepare my answer to an lawsuit and want to make sure I cross all my T's. Especially when it comes to affirmative defenses. Beside SOL what other affirmative defense can a defendant in a debt suit bring up on the answer to summons?

[gdouglaslee]

You should only bring up SOL if it is.

Try reading your state's rules of procedure. I'll bet they list a few plus they will tell which defenses are not allowed.

[Methuss]

If you requested validation but did not receive it, you can try to use that as an affirmative defense as well. When the creditor/collector fails to respond to validation you may be able to quash their attempts to submit evidence under estoppel as they had a moral and legal obligation to provide the information prior.

[KentWA]

It will depend on if this is a JDB, CA or OC. If it is a JDB c m chase has posted some very good defenses here, just use the search function.

ALWAYS use very defense you can, not just SOL. If the judge for some reason rules againest one defense you have the others. Something is likely to stick. If you asset SOL only and the judge rules againest you, you do not get a "do over" to assert other defenses.

[glarco]

Looks like is wise to always claim affirmative defenses. Even if you think it doesn't have a chance. Especially with SOL. I seen so much conflicting information regarding SOL, effect of partial payment and tolling on this forum and in general on the internet. So far my opinion is: if you feel your debt is old debt and your feeling are reasonable, claim it.