Defend a Credit Card or Debt Collector’s Lawsuit» Print This Page
- September 6, 2009
- Debt Collection Lawsuit Defense
In many cases, a consumer may have a legal defense to a lawsuit filed against them that seeks to collect on a credit card debt or other debt. You may have defenses such as the lawsuit being too old (statute of limitations), the debt collector did not follow proper procedure in filing or pursuing the lawsuit, or others. The question then is . . . how do you assert those defenses?
Don’t expect to just show up at trial and start talking about those defenses, as it may be too late by then. The Court can decide that you are prohibited from asserting them at trial if you did not provide adequate notice about them before the trial.
In short, you generally assert those defenses by filing your Affirmative Defenses with the Court where the lawsuit is pending, as well as the debt collection lawyer. This lets the debt collector and the Court know what your defenses are, and allows you to argue them at trial. Filing them in writing prevents the debt collector from later arguing that they are unfairly surprised by your “new” claims. If you properly preserve those defenses, and if you have the evidence to prove them in Court, you may be able to defeat the debt collector’s lawsuit even if they prove all of their allegations. Don’t lose that right by waiting too long to file your Affirmative Defenses.Share This