donqII Posted September 12, 2010 Report Share Posted September 12, 2010 (edited) If a 3rd party bought an account and there was no mention of anything other then They bought the account, You own so much,. You never replied to requests for payment. and you now owe the JDB in the complaint...Would waiver and estoppel work as an affirmative defense?There were only the 4 statements mentioned in the complaint.Thinking of doing it like this.....11. WAIVER AND ESTOPPEL Plaintiff claims in Counts one and two of their Complaint that Plaintiff bought the alleged account from Original Creditor, thereby gaining all rights, title and interest in said alleged account and stating that Defendant is indebted to Plaintiff for goods and services allegedly arising from Original Creditor. Therefore, as Defendant would have relied upon a statement or a promise that the Original Creditor failed to honor, this defense applies to the Plaintiff in this suit. Edited September 12, 2010 by donqII Link to comment Share on other sites More sharing options...
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