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Affirmative Defenses To Collection Lawsuit

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Affirmative Defenses To Collection Lawsuit

Postby Tylere » Tue Dec 06, 2016 4:08 pm

Hi:  I was sued by a debt collection lawfirm.  When I went to the court to file an answer the clerk let me photocopy an answer from another case to use as a model answer.  When I was researching how to respond I found out that I should put affirmative defenses in my answer.  What are the affirmative defenses that should be put in my answer.

Thank you so much for your help.
Tylere
 
Posts: 40
Joined: Tue Feb 04, 2014 7:04 pm

Affirmative Defenses To Collection Lawsuit

Postby Koltin » Thu Dec 08, 2016 8:01 pm

Hi:  I was sued by a debt collection lawfirm.  When I went to the court to file an answer the clerk let me photocopy an answer from another case to use as a model answer.  When I was researching how to respond I found out that I should put affirmative defenses in my answer.  What are the affirmative defenses that should be put in my answer.

Thank you so much for your help.
Koltin
 
Posts: 34
Joined: Sat Mar 15, 2014 11:10 am

Affirmative Defenses To Collection Lawsuit

Postby maddox » Fri Dec 09, 2016 1:19 am

Jane:

Good question.  Affirmative defenses to a debt collection lawsuit by a debt purchaser/collection agency would be:

1) The Statute of Limitations has expired.

2) The Plaintiff(the collection agency) lacks standing.

3) The Plaintiff does not have the required licenses, bonds, etc.    to collect in your jurisdiction.

4) The Court lacks jurisdiction.

5) The Plaintiff's Complaint fails to state a cause of action.

In addition, send a Discovery Demand to the collection agency's attorney requesting statements, receipts, original credit contracts and the bill of sale proving that this debt purchaser owns the debt in question.

Hope this answers your question.  If have any questions about what I wrote or require anything else, please do not hesitate to call.

Jason Shear, Esq.

NY Consumer Lawyer

(716) 566-8988
maddox
 
Posts: 45
Joined: Thu Mar 31, 2011 10:39 pm


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