Understanding Debt Lawsuit Defenses

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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 its own statute(s) of limitations. Learn more here: upsolve.org/le...
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/le...
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 get guidance from an experienced legal professional.

[@mooseberrypi3119]

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

[@Upsolve]

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.

[@jonsingle1614]

If social security is your only source of income.....are you protected from bank seizures?

[@Upsolve]

Great question! Yes, Social Security benefits are generally protected from bank seizures by debt collectors under federal law. However, it's important to make sure that the funds are clearly identifiable as Social Security deposits in your bank account. Mixing them with other income could make it harder to prove that they’re exempt. Thanks for bringing this up!

[@seangunther9032]

I live in Ca . I was approached on a Sunday afternoon , by a man at my driveway gate . He asked my name ., I confirmed . He said here , with papers in his hand , I stepped away and walked away. He threw then through the gate onto the ground and said you’ve been served in an aggressive tone and volume voice. Is this legal ?

[@Upsolve]

Sorry you had to experience that aggression. In California, personal service is usually required for a lawsuit, meaning the papers should be handed directly to you. If you walked away and the server threw the papers on the ground, it might be considered improper service. However, courts can sometimes consider it valid if the server made a reasonable attempt to serve you and you refused to accept the papers. It’s a good idea to document everything that happened, including the date, time, and details of the interaction, just in case you need it later. If you’re unsure, you might want to check with the court or respond to the lawsuit to avoid any default judgments against you. Take care!

[@jimmythetout109]

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]

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.

[@leg414]

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]

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!