Affirmative Defenses Credit Card Debt

Affirmative DefenseWhen you are served a summons for credit card debt or any other collection based lawsuit, one of the first things you need to do is to file an answer with the court. The question is, what do you say in your answer to lawsuit?

The answer to lawsuit is your written response to the allegations in the complaint. In your answer you do not have to tell the entire story or make legal arguments. You do, however, need to state whether you agree or disagree with each statement brought against you. All other details can be addressed when you are in the courtroom in front of the judge. Additionally you can mention your affirmative defenses.

An affirmative defense goes beyond simply denying the fact and arguments in the plaintiff’s complaint. It sets out new facts and arguments. If you prove your affirmative defense, even if what the plaintiff’s complaint states is true, you will win, or at least reduce the amount the plaintiff is entitled to recover against you. Some of the affirmative defenses may include:

  • Statute of Limitations
  • Failure to Mitigate Damages
  • Unjust Enrichment
  • Prevention of Performance and Act of God
  • Bankruptcy
  • Lack of Privity
  • Statute of Frauds
  • Parole Evidence Rule
  • Breach by Plaintiff
  • Improper Notice of Breach
  • Offset
  • Usury
  • Accord and Satisfaction
  • Failure of Consideration
  • Lack of Consideration
  • Breach of Express Warranty
  • Breach of Implied Warranty
  • Contract Void as Against Public Policy

You may research each one of these terms further through the internet to get more information.

Remember, you could lose some “Affirmative Defenses” if you file an Answer without stating them. Affirmative Defenses are also listed in Rule 8(c) of the Civil Rules for Superior Court, available at your local law library.
You may raise all the affirmative defenses that apply to your case.