todd0283

Sued by Third Party Debt Collector California

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Sued (breach of contract - common counts) by a third party debt collector in civil limited jurisdiction for the principal amount of $724.00.  Assuming I can just file a General Denial (PLD-050), what are some good affirmative defenses I can use?  I'd rather not attach 39 affirmative defenses in the rare event plaintiff decides to want to try to strike them.

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5 hours ago, todd0283 said:

what are some good affirmative defenses I can use?  I'd rather not attach 39 affirmative defenses in the rare event plaintiff decides to want to try to strike them.

Affirmative defenses are not about throwing everything in there and seeing what sticks.  When did you default?  What kind of debt is this?  There is WAY too little information to even begin to suggest any possible defenses.  

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19 hours ago, todd0283 said:

Sued (breach of contract - common counts) by a third party debt collector in civil limited jurisdiction for the principal amount of $724.00.  Assuming I can just file a General Denial (PLD-050), what are some good affirmative defenses I can use?  I'd rather not attach 39 affirmative defenses in the rare event plaintiff decides to want to try to strike them.

 

13 hours ago, Clydesmom said:

Affirmative defenses are not about throwing everything in there and seeing what sticks.  When did you default?  What kind of debt is this?  There is WAY too little information to even begin to suggest any possible defenses.  

SOL isn't an issue because default date is well within the 4 years.  It's for a medical bill.  

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45 minutes ago, todd0283 said:

SOL isn't an issue because default date is well within the 4 years.  It's for a medical bill. 

Not having the SOL as a defense is a big one.  The defenses you read about on sites like this are based on credit card cases or loans not medical debt.  

Some states (and I think CA is one) allow a third party to sue on behalf of a medical provider.  You are going to need the assistance of a lawyer or those from Cali because a medical debt is easy to prove especially if you used insurance and this is your out of pocket portion.

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1 hour ago, todd0283 said:

  It's for a medical bill.  

 Don't rule out arbitration. Arb clauses are often a part of medical treatment agreements. It's usually more for elective/outpatient procedures, but I'd take a look at everything I signed to see if arb made an appearance. 

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